Protecting Victims of Family Violence in Court

The Turnbull Government has announced its intention to introduce legislation to the Federal Parliament that will protect victims of family violence from having to endure the experience of cross-examining, or being cross-examined by, perpetrators of violence during family law proceedings. 

Fortunately, research suggests that the incidence of direct cross-examination of victims of family violence is rare. A study by the Australian Institute of Family Studies found that there were 173 final hearings in the federal family law courts over two years between 2015 and 2017, involving allegations of family violence where one or both parties were self-represented. However, when it does occur it can be a traumatic experience for the victims.

"There is no question that directly facing a perpetrator or alleged perpetrator of family violence compounds the trauma of that violence and can also impact on the ability of a victim to give clear evidence in legal proceedings," explained Attorney-General, Christian Porter.

"The Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018 will prohibit direct cross examination in specific and serious circumstances to protect victims from re-traumatisation,” he said. “This includes where there are convictions, charges or final family violence orders in place between the parties.”

"Courts will also have discretion to prohibit direct cross-examination in cases where family violence is alleged and, if a court does not exercise that discretion, it will be mandatory for the court to apply other protections, such as the use of video links or screens in the court room,” he added.

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Szabo & Associates, Solicitors can provide you with expert advice on a wide range of family law matters, including domestic violence, divorce and separation, child custody, child support and spousal maintenance. Please call us today on (02) 9281-5088 or fill in our online contact form.