Family Violence Restraining Orders
A FVRO applies where there is a family relationship.
What is a family relationship? It extends to uncles, aunties and grandparents, as well as wives, husbands, children, mums, dads, sisters and brothers.
A FVRO is much easier to obtain than a VRO (Violence Restraining Order) and MRO (Misconduct Restraining Order).
All the Court needs to be persuaded about is that the other party has committed “family violence.”
“Family violence” includes:
– the threat of violence;
– behaviour that “coerces” or “controls;” or
– causes the family member to be fearful.
For a FVRO you must also show that it is likely the family violence will occur at some stage in the future.
The Court may also be satisfied that a FVRO should be grated if the party wanting the order has reasonable grounds to believe that the other party will commit family violence.
To avoid the consequences of a FVRO it is possible to enter into a conduct agreement with no admission as to liability. A breach of the conduct agreement will lead to Court sanctions, but it is a way out of the cost and risks of a FVRO hearing.
Contact Hammond Legal if you need help.
The changes to the law are not easy to understand.
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