New family violence order for WA
Shutterstock
A new type of restraining order to better protect family violence victims is being introduced by the Western Australian Government.
Attorney General Michael Mischin said the Family Violence Restraining Order (FVRO) was designed to reduce the onus on the victim to provide evidence of intimidating or controlling behaviour.
“Currently under the Restraining Orders Act 1997, a person can apply for a Violence Restraining Order (VRO) for family violence or other non-family personal violence situations, or a Misconduct Restraining Order to restrain the misconduct of a non-family member,” he said.
• Angry cycle that needs to end
• Abbott steps up anti-violence action|
• Rosie Batty named 2015 Australian of the Year
“The new FVROs will be a distinct third category of orders and will adopt a more modern definition of family violence.”
Courts will be required to consider information from police and other agencies including the Department for Child Protection in assessing a person’s risk.
It would then apply conditions specifically tailored for family violence, such as mandatory counselling.
Police Minister Liza Harvey said the FVRO was part of a reform package designed to address a significant increase in the number of such incidents in recent years.
“Family violence is unfortunately core business for police and the courts, with applications for restraining orders being made in 31 per cent of cases recorded by police in 2012,” she said.
Ms Harvey said the reforms would include authorities, including police, working together more closely to identify those at risk.
“Family violence starts usually with the partner controlling every aspect of a woman’s life, the banking, who they speak to, where they go,” she said.
“To be able to intervene at that point before that control, coercion and intimidation escalates to violence is a step in the right direction, a huge step for these women who are trapped in those relationships.
“We’re sending a message to the courts that we would prefer them to err on the side of the victim and err on the side of granting one of the violence restraining orders in these scenarios because they do protect women.”
There were almost 45,000 incidents reported to police in 2012, two-and-a-half times the level reported 10 years ago.
The laws will be introduced later this year.