(iii) the person protected
by the family violence order (if that person is not the applicant or respondent); and
(c) the person protected
by the family violence order (if that person is not the applicant or respondent); and
(f) a child welfare officer in relation to the State or Territory in which the person protected
by the family violence order resides.
(c) the person protected
by the family violence order (if that person is not the applicant or respondent).
(e) the Commissioner or head (however described) of the police force of the State or Territory in which the person protected
by the family violence order resides; and
Not exact matches
Sexual
Violence Protection Order (SVPO) Filing a petition for a SVPO may be the most appropriate step after you have been harmed by sexual violence that was perpetrated by someone other than a family or household member or intimate
Violence Protection
Order (SVPO) Filing a petition for a SVPO may be the most appropriate step after you have been harmed
by sexual
violence that was perpetrated by someone other than a family or household member or intimate
violence that was perpetrated
by someone other than a
family or household member or intimate partner.
Our Lasting Solutions
Family Law Program supports
families experiencing sexual and domestic
violence by providing legal education and help, including
orders of protection, divorce and child custody.
Note: If the assault was
by a
family member and there is fear of immediate
violence, an Emergency Protection
Order (EPO) may be appropriate.
The PAFVA enables «
family members» to obtain emergency protection
orders (EPOs) on an ex parte basis (i.e. without notice to the respondent) in circumstances where «
family violence» has occurred, the claimant «has reason to believe that the respondent will continue or resume carrying out
family violence», and «
by reason of seriousness or urgency, the
order should be granted to provide for the immediate protection of the claimant and other
family members who reside with the claimant» (section 2).
However, regardless of whether the victim is also a tenant or not, the perpetrator who is a tenant is entitled to keys and to access unless the victim has a protection
order with a condition for exclusive possession of the residential premises under the Protection Against
Family Violence Act, RSA 2000, c P - 27 (PAFVA) or other legislation discussed
by Professor Koshan.
These rules amend the
Family Proceedings Rules 1991 following the amendment of the
Family Law Act 1996
by the Domestic
Violence, Crime and Victims Act 2004 to provide that breach of a non-molestation
order is a criminal offence and to limit the power of the court to attach a power of arrest to an occupation
order only.
NOTE: If the applicant or respondent has certified at Item 25 that a child subject of the proposed consent
order has been or is at risk of abuse, or that there has been
family violence or there is a risk of family violence by one of the parties including in relation to a child a Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rules
family violence or there is a risk of family violence by one of the parties including in relation to a child a Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rul
violence or there is a risk of
family violence by one of the parties including in relation to a child a Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rules
family violence by one of the parties including in relation to a child a Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rul
violence by one of the parties including in relation to a child a Notice of Child Abuse,
Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rules
Family Violence or Risk of Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rul
Violence or Risk of
Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rules
Family Violence (Application for Consent Orders) must be filed with this Application — see Section 67ZBA of the Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rul
Violence (Application for Consent
Orders) must be filed with this Application — see Section 67ZBA of the
Family Law Act 1975, and Rule 2.04 D (1)(b) of the Family Law Rules
Family Law Act 1975, and Rule 2.04 D (1)(b) of the
Family Law Rules
Family Law Rules 2004.
By law, people must inform the Court if there is an existing or pending
family violence order involving themselves or their children.
NOTE: If you are applying for parenting
orders by filing an Application for Consent Order use the Notice of Child Abuse, Family Violence or Risk of Family Violence (Application for Consent Or
orders by filing an Application for Consent
Order use the Notice of Child Abuse,
Family Violence or Risk of
Family Violence (Application for Consent
OrdersOrders).
(2) An application for a declaration that the
order or injunction is inconsistent with the
family violence order may be made, to a court that has jurisdiction under this Part,
by:
(a) it also makes or varies a
family violence order in the proceedings (whether or not
by interim
order); and
(3) Failure to inform the court of the
family violence order does not affect the validity of any
order made
by the court.
Family violence orders may affect
orders made
by the courts, especially parenting
orders about a child spending time with a parent or another person.
The judge must consider many factors, including the wishes of the children and the parents; the mental and physical health of the parties;
family interactions and relationships; any history of
family violence, sexual abuse, child abuse or neglect; violations of a previous visitation or child support
order; or plans
by either parent to move out of state.
The notice must be accompanied
by a copy of the applicable civil or criminal
family violence order.