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At the present time and for the foreseeable future, many families are under extreme pressure, due to the impact of COVID19 and the consequential self-isolation with total lockdown now virtually in force. Even those families who have not been on the brink of separation will struggle as they manage the closer living and working quarters than they are normally used to. The usual rules which have worked well for a family who have an array of weekly activities outside the home are now faced with having to spend more time together and not have access to their usual outlets and escape valves. The usual rules will need to be managed. In an intact family who has the best interests of the children at the heart of their decision making, they will review the rules and the parents will provide leadership and ensure the family’s rules are abided by.
For families who have already experienced the hallmarks of family violence, the current regime of self-isolation will invariably lead to an escalation of family violence. At the centre of all family violence is the need to control another person. In intimate partner relationships, this means the perpetrator’s imperative is to control their spouse or de facto. Being in close quarters will result in the perpetrating ramping up control and the usual releases for the victim of being able to go to work or head to the shops is removed. The victim will perpetually be there at the perpetrator’s behest and doing their bidding. For many perpetrators, there is the need to exert dominance over their domain and this is exactly the sort of control which COVID19 threatens. They are no longer in control. The pandemic and governments are now in control of how we conduct our daily lives and the perpetrator’s spheres of influence are constrained and focused on their partner and immediate family members.
This is an extremely dangerous and volatile time for victims and their children. The perpetrator may have closed the gate by saying the family needs to self-isolate as they have been diagnosed with COVID19 and during that time of isolation. It is most likely a ruse to ensnare a victim who may be trying to leave ahead of a total lockdown. The perpetrator’s modus operandi is to ensure that the victim is compliant and subjects themselves to their domination.
Most victims are used to living on eggshells but their coping mechanism is made possible by the normal daily routines which give them an ostensible goal – “if I can make it through until they go to work”, “if I can persuade them that I need to take the children out”, “if I can make until the weekend when he plays sport”.
The victim may feel they have no choice but to endure what then happens in the home. This is not the case. Police forces around the country are still operational and emergency calls will still be answered. It is imperative that those of us who work with families who have experienced family violence ensure that the victims are aware that they can in fact call for help and they can ask that the usual assistance to remove a perpetrator and seek intervention orders is at hand. The police can attend and issue a family violence safety notice ahead of an Intervention order being applied for. The police can make it a condition of the safety notice for the perpetrator to leave the home.
There is now an abundance of alternate accommodation available in Australia’s budget hotels to which a family member can be removed if the facts warrant this. For mothers with children, the move out of the home to a hotel is not only impractical it is not sustainable hence women should call upon services who assist in family violence situations to advise them on options around accommodation and seeking intervention orders.
The Courts are experiencing delays and difficulties in processing the intervention orders which are resulting from the current COVID19 self-isolation policies. Governments are being urged by the legal profession to ensure that access to justice continues notwithstanding new limitations declared by the Federal Government that people can only congregate in a maximum of two. State courts need to take a leaf out of the Family and Federal Circuit Courts of Australia and ensure that technology is used to keep the doors of the Court system open for those who need it most. Governments are also urged to ensure that the wrap around services needed for families experiencing family violence are are increased due to demand.
Clients can access legal advice via lawyers most of whom are now working remotely around the country. Mediation services are also available to those who want to use the services to assist and although those who experience family violence may be screened out of mediation for being unable to participate in the process, most mediators can also refer clients to other services such as family lawyers who can then assist.
The following is an extract from the Magistrates Court (Victoria) website:
All current relevant practice directions and listing protocols are suspended.
- New listing time frames will apply in relation to the following proceedings:
- Intervention order applications under the Family Violence Protection Act 2008 (FV IVOs). This includes new applications and applications for variation, extension and revocation; and
- Intervention order applications under the Personal Safety Intervention Orders Act 2010 (PS IVOs). This includes new applications and applications for variation, extension and revocation; and
- Applications under the Family Law Act 1975; and
- Ancillary and other applications related to the proceedings referred to above, for example applications to be deemed a non-prohibited person under the Firearms Act 1996.
- The following listing time frames will apply:
- First listing dates for urgent applications, particularly in high risk circumstances, will be listed on a case by case basis. Direct contact should be made with the court to request the listing of an urgent application.
- Otherwise, first listing dates for:
- IVO applications initiated by way of:
- Family Violence Safety Notice – not later than 14 days after service on the respondent (section 31 FVPA);
- Victoria Police FV and PSIO IVO applications – will be allocated through the use of the electronic mention diary;
- Non-Victoria Police FV and PSIO IVO applications – will be allocated by a Court Registrar.
- Unless otherwise ordered by the court, and subject to subparagraph d, second and subsequent listings will be adjourned to the nominal date of 15 June 2020. No appearance is required for this purpose.
- Applications for an extension of FV and PSIO IVOs, where an ex-parte interim extension order has been made, will be listed not later than 28 days after the date the interim extension order has been made where the respondent has not been served (see section 107 FVPA and section 84 PSIO).
- The nominal date of 15 June 2020 has been allocated to allow time for planning of future listings. This will ensure that the court can manage demand and give priority to the most urgent proceedings.
It is intended that, prior to 15 June 2020, the court will advise the parties of a new hearing date as new listing arrangement are developed. It is NOT expected that parties will be required to attend on 15 June 2020.
Caroline Counsel is an Accredited Family Law Specialist, Family Dispute Resolution Practitioner, Nationally Accredited Mediator and Family Violence Portfolio Chair for the Law Institute of Victoria
It is intended that, prior to 15 June 2020, the court will advise the parties of a new hearing date as new listing arrangement are developed. It is NOT expected that parties will be required to attend on 15 June 2020.
The information in this blog does not constitute legal advice and cannot be relied upon by you. If you require advice specific to your situation you must contact Caroline Counsel Family Lawyers. The contents of this blog are relevant as at 30 March 2020. We recommend you obtain specific advice relevant to you and your family’s situation.
By Caroline Counsel
Caroline Counsel is an Accredited Family Law Specialist, Family Dispute Resolution Practitioner, Nationally Accredited Mediator and Family Violence Portfolio Chair for the Law Institute of Victoria
