In March 2021, the Family Law Amendment (Federal Family Violence Orders) Bill 2021 was introduced to the House of Representatives.

Currently, orders in relation to family and domestic violence are issued by the states and territories.

The Bill is intended to establish enforceable federal family violence orders.

This will allow for a person experiencing family violence, who has proceedings before the family law courts to seek a final Federal Family Violence Order (FFVO).  It is anticipated that being able to apply for a FFVO during family law proceedings in the same Court will reduce the need to navigate over multiple courts and reduce therefore delays, confusion and prolonged exposure to, or risks of violence.

There are a number of issues with the current proposed Bill according to the Law Council of Australia, including the need for clarity on how the proposed scheme will actually work. The Bill in its current form appears to lack the power to make an interim order for family violence and it is unclear whether the bill may “inadvertently” create opportunities for perpetrators of family violence to delay determination of issues and prolong litigation.

You can read further about other concerns here: https://www.lawyersweekly.com.au/politics/31930-clarity-needed-with-family-violence-regimes

If you would like further information and advice in relation to the proposed bill, contact Tiyce & Lawyers on 02 9211 9976 for a confidential discussion.

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