Both civil and criminal Statutory rules made by parliament or by bodies the parliament delegates power to, for example a local council or a registration authority. See delegated legislation; statute. provide legal remedies for family violence.
Civil law remedies for family violence
Non-criminal law. The area of law that covers disputes between organisations, companies or individuals, such as the law relating to contracts. Civil law is not criminal law or church law. It can include actions against the state. In discussions about the law in different countries, civil law means law based on the Roman law system, as opposed to our common law system. offers those experiencing family violence some future protection from the A person who commits a crime. See also offender. of the violence. An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. orders that protect family members can be sought under both federal and state civil law. Federal law includes injunctions or restraining orders under the Family Law A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1975 (Cth) (‘FL Act’). However, state civil law provides quicker, cheaper, more accessible, and more effective protection under the FVP Act by way of family violence intervention orders.
People who experience personal violence but are not family members (e.g. neighbours, co-tenants or acquaintances), and who are not covered by the FVP Act, can apply for a A court order made to protect a person from violence, intimidation or harassment by someone who is not a family member. See also intervention order; family violence intervention order. under the Personal Safety Intervention Orders Act 2010 (Vic).
Criminal law remedies for family violence
Family members experiencing violence can also pursue remedies under criminal law. Charges for criminal offences (e.g. assault) can be laid by police to punish the A person who has committed a crime. and try to prevent future abuse. Any criminal charges are in addition to, and not to the exclusion of, civil proceedings for future protection, such as intervention orders. It is also possible to obtain compensation for injuries caused through family violence.