Family Violence Safety Notices
Family Law: 15 May 2024
Author: Susan Ilias - Our People
A Family Violence Safety Notice is a notice issued by police to someone that they reasonably believe has committed family violence, and the safety notice is necessary for the safety...
If you are a victim of family violence and you are in immediate danger, dial 000 for the police. If you are a victim of family violence and need support, contact 1800RESPECT (1800 737 732).
What can the police do if I call them during a family violence incident?
If you are the victim of family violence and require urgent assistance from the police, you must dial 000 for the police to attend urgently.
Once the police arrive and they reasonably believe that someone has committed family violence, they can issue a Family Violence Safety Notice against the person they believe has committed family violence.
A Family Violence Safety Notice is a notice issued by police to someone that they reasonably believe has committed family violence, and the safety notice is necessary for the safety of the affected family member, or the preservation of the affected family member’s property, or for the protection of a child who has been subjected to family violence by the respondent.
The Family Violence Safety Notice can contain a number of conditions by which the respondent must abide. This is assessed by the police at the time of them issuing the Family Violence Safety Notice to the respondent.
The conditions can be that the respondent is prohibited from the following:
- Committing family violence against the affected family member;
- Damaging the property of the affected family member;
- Contacting or communicating with the affected family member;
- Following or keeping the affected family member under surveillance;
- Going within 5 metres of the affected family member;
- Going within 200 metres of any place where the affected family member lives, works or attends school;
- Getting someone else to do what the respondent is not permitted to do.
The Family Violence Safety Notice can exclude the respondent from the home if the police believe that it is necessary for the safety of the affected family member.
The police will then apply to the Magistrates Court for an Intervention Order on behalf of the affected family member. The police will apply for an Intervention Order in the same terms and conditions as the Family Violence Safety Notice. An Interim Intervention Order will be made by the Magistrate which replaces the Family Violence Safety Notice.
The matter then proceeds through the Magistrates Court as an Application for an Intervention by police, for the protection of the affected family member.
If you would like advice about a Family Violence Safety Notice or Intervention Order, please contact us on 86006001 for an appointment to speak with one of lawyers in our experienced family law team.