III The Impact of Domestic Violence Protection Orders on the Presumption of Equal Shared Parental Responsibility and Family Dispute Resolution
A Definitions
1 Domestic Violence Protection Orders
For clarity amongst the state and territories and for the purpose of this paper, under the Family Law Act, a protection order is referred to as a ‘Family Violence Order’ with a subsequent definition of ‘family violence’ located in s 4 of the Act. A protection order or family violence order will be considered as an interchangeable term depending on the context and jurisdiction of the discussion in this paper.
There are two types of domestic violence orders, a temporary protection order and a protection order or ‘DVO’. The former, is exactly what it pertains to be, temporary – but it can be used in circumstances where the aggrieved is in immediate danger and be applied on top of a protection order. A temporary protection order offers the aggrieved immediate protection, without the respondent even being served with the application. The Queensland Magistrate Court’s website defines a Protection order as a ‘domestic violence order made by a magistrate in court when they make a final decision’.
A protection order is made up of two standard conditions; that the respondent must be of good …show more content…
The existence of a protection order, does not immediately translate to the removal of the s 61DA(1) presumption. The Family Court must be satisfied on reasonable grounds that family violence has occurred and whilst the inference of a protection order may assist the Family Court, it is not the only relevant consideration in making this determination. Provided below are a variety of cases that highlight how a protection order may impact upon the presumption of equal shared parental
A Definitions
1 Domestic Violence Protection Orders
For clarity amongst the state and territories and for the purpose of this paper, under the Family Law Act, a protection order is referred to as a ‘Family Violence Order’ with a subsequent definition of ‘family violence’ located in s 4 of the Act. A protection order or family violence order will be considered as an interchangeable term depending on the context and jurisdiction of the discussion in this paper.
There are two types of domestic violence orders, a temporary protection order and a protection order or ‘DVO’. The former, is exactly what it pertains to be, temporary – but it can be used in circumstances where the aggrieved is in immediate danger and be applied on top of a protection order. A temporary protection order offers the aggrieved immediate protection, without the respondent even being served with the application. The Queensland Magistrate Court’s website defines a Protection order as a ‘domestic violence order made by a magistrate in court when they make a final decision’.
A protection order is made up of two standard conditions; that the respondent must be of good …show more content…
The existence of a protection order, does not immediately translate to the removal of the s 61DA(1) presumption. The Family Court must be satisfied on reasonable grounds that family violence has occurred and whilst the inference of a protection order may assist the Family Court, it is not the only relevant consideration in making this determination. Provided below are a variety of cases that highlight how a protection order may impact upon the presumption of equal shared parental