22/09/2023
The family violence intervention system does not work. Where a person, and in the vast majority of instances it is a man, is violent and determined to kill or harm their spouse/partner and children no intervention order will stop him. The vast majority of women and children killed or injured had intervention orders in place. The current system does not and cannot keep victims of violent people safe. However, the intervention order system is regularly misused and abused by those who were never in any danger and often who are the perpetrators of violence. It is a first in system, namely whoever makes the complaint first is the victim and the sausage conveyer belt starts, an interim order, directions hearings, mentions, contested hearings and ultimately in most cases an intervention order, regardless of veracity of the evidence. The misuse and abuse of this area is a regular feature in family law proceedings. It gets the 'perpetrator' out of the house. It is also used as a weapon in property settlements and child matters. In a family law where I acted for the husband the wife, along with her mother, led a campaign of harassment to get the husband out. When that failed she used the family violence intervention system. In the family report in the matter she told the family consultant the husband had never been violent nor did she have any fear, she just wanted him out of the house. There were no consequences. In another matter the husband, a foot taller and 30 kilos heavier than his wife, my client, called the police first. He had started a new relationship and my client was no longer a part of his future. These are just two examples of far, far too many instances. There is also a lack of consistency as to how police deal with complaints. I don't know what the solution is but the current system does not work. It does not protect those who really need it. It is used and abused, misdirecting police time and resources.
