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How can the Family Violence Act help to protect seniors from elder abuse? Dr Chris Atmore Policy Officer Federation of Community Legal Centres, Vic

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Presentation on theme: "How can the Family Violence Act help to protect seniors from elder abuse? Dr Chris Atmore Policy Officer Federation of Community Legal Centres, Vic"— Presentation transcript:

1 How can the Family Violence Act help to protect seniors from elder abuse? Dr Chris Atmore Policy Officer Federation of Community Legal Centres, Vic policy@fclc.org.au www.communitylaw.org.au

2 Elder Abuse Family Violence

3 Family Violence Protection Act 2008 (Vic) A Rough Guide...

4 Family Violence Protection Act Non-violence is a fundamental social value that must be promoted Family violence is a fundamental violation of human rights and is unacceptable in any form Family violence is not acceptable in any community or culture The justice system should treat the views of victims of family violence with respect

5 Family Violence Protection Act Non-violence is a fundamental social value that must be promoted Anyone can be a victim or perpetrator of FV, but it is mainly committed by men against women, children and other vulnerable persons Children exposed to the effects of FV are particularly vulnerable - may have a serious impact on children's current and future physical, psychological and emotional wellbeing Family violence is a fundamental violation of human rights and is unacceptable in any form FV affects the entire community and occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion Family violence is not acceptable in any community or culture FV extends beyond physical and sexual violence - may involve emotional or psychological abuse and economic abuse The justice system should treat the views of victims of family violence with respect FV may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of abuse over a period of time

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7 family violence Does the FVPA apply to the situation?

8 violence physical abuse sexual abuse eg repeated derogatory taunts, eg threatening to withhold the FMs medications emotional or psychological abuse eg coercing a person to sign a power of attorney, eg removing or threatening to keep the FMs property without permission economic abuse threatening behaviour coercive behaviour in any other way controls of dominates and causes person to feel fear for their or anothers safety or wellbeing eg intentionally damaging FMs property, eg injuring an animal in order to control FM causes a child to hear or witness or otherwise be exposed to the effects of FV eg overhearing threats, eg being present when police officers attend an incident involving physical FV

9 family member spouse or domestic partner (including same sex, and whether or not co- residing) present or past intimate relationship (need not be sexual), or child of that person present or past relative (including Aboriginal & Torres Strait Islander understandings) child who usually resides or has done, with the violent person like a family member eg perhaps a relationship between a person with a disability and their carer

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11 How the FVPAs purpose is achieved family violence intervention orders and family violence safety notices offences for contraventions of FV intervention orders and FV safety notices

12 Magistrates or Childrens Court Police Officer Magistrates or Childrens Court Affected family member Magistrates Court Any other person if adult AFM consents Magistrates or Childrens Court If child AFM, parent or any other person with parents consent or leave of court Magistrates or Childrens Court Guardian of AFM, or any other person with leave of court

13 Final FV intervention order Court is satisfied that these are more likely than not The respondent is likely to commit FV against the AFM again The respondent has committed FV against the AFM

14 Prohibit respondent (R) from committing FV against the protected person (PP) Exclude R from PPs residence Direct R to return PPs personal property Prohibit R from being within a specified distance of PP Prohibit R from contacting PP unless in police company Cancel Rs firearms authority Any conditions that the Court thinks are necessary or desirable in the circumstances

15 Interim orders Police Safety Notices Holding powers Associated orders Consent of victim? Helping victims give evidence

16 Find out more... Seniors Rights Victoria Domestic Violence Resource Centre Victoria Womens Legal Service Victoria Aboriginal Family Violence Prevention & Legal Service all at www.communitylaw.org.au and google Family Violence Department of Justice Victoria www.communitylaw.org.au


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