The Department of Justice has announced changes in the way some family violence restraining orders are to be dealt with.
The changes follow adoption of the Family Violence Legislation Reform Act 2020 which enables the electronic tagging of serious family violence offenders and made non-fatal suffocation and strangulation criminal offences.
Attorney General, John Quigley said $4.7 million has been allocated over four years to the Department of Justice and $2.6 million to Legal Aid to divert contested family violence restraining order (FVRO) matters from court to a Special Conference, similar to the mediation process.
“The process, used in the ACT, is less adversarial and stressful for the family violence victim than having their application go to court,” Mr Quigley said.
“In Perth, Fremantle and Joondalup, FVRO matters will now only be listed for a court hearing if one of the parties objects to taking part in the less formal process or no negotiated agreement is reached.”
He said the Department would use the funds to set up and run the model, and fund the Aboriginal Legal Service of WA and specialist community legal centres to provide legal advice for respondents, while Legal Aid would assist the applicants.
“As well as the greater flexibility this process offers, Registrars will have the capacity to refer suitable respondents to a non-mandatory behaviour awareness program,” Mr Quigley said.
“The program, which is being co-designed with the community sector, will seek to give respondents a greater understanding of how their behaviour is impacting their family relationships.”
He said any breaches of the Special Conference orders would be treated the same way as other FVROs by the justice system.
