Citation

Annu. Rev. Popul. Law 1989; 16: 118, 542-4.

Copyright

(Copyright © 1989, Harvard Law School Library)

DOI

unavailable

PMID

12344062

Abstract

The Australia-Victoria Crimes (Family Violence) Act of 1987 states in the Intervention Orders section that: a court may make an intervention order if satisfied on the balance of probabilities that the person has assaulted a family member or caused damage to a family member's property, and it is likely to happen again; or the person has threatened to assault a family member or cause damage to a family member's property; or the person has harassed or molested a family member or has behaved in an offensive manner towards a family member and is likely to do so again. The order may impose any restrictions on the person that appear necessary. Without limiting the generality of the previous section, an order may also prohibit or restrict the following: approaches by the defendant to the aggrieved family member; access by the defendant to premises where the aggrieved family member lives, works, or frequents, regardless of the defendant's legal interest in those premises; the defendant being in a specified locality; the defendant contacting, harassing, threatening, or intimidating the aggrieved family member; the defendant damaging property of the aggrieved family member; the defendant causing another person to engage in conduct restrained by the court. The court may also direct the defendant to participate in prescribed counseling and may revoke any license or permit to possess, carry, or use firearms and direct the forfeiture or disposal of any firearms in the defendant's possession. The order may not exceed 12 months. Complaints may be made by the police; the aggrieved family member; the parent of a minor child; any person, with the written consent of a parent of the child; or any other person, with the written consent of the aggrieved family member. The court may make an interim intervention order, when the defendant has not been served a copy of the complaint, if the court is satisfied that the intervention is necessary to ensure the safety of the aggrieved family member.

Language: en