Ts v Pu

[2019] ACTMC 22

MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

TS v PU

Citation:

[2019] ACTMC 22

Hearing Date(s):

30 and 31 May 2019

DecisionDate:

12 July 2019

Before:

Magistrate Stewart

Decision:

See paragraphs [29]–[43]

Catchwords:

FAMILY VIOLENCE ORDERS – definition of family violence - matters to be considered where respondent has used family violence against the affected person(s) – where both parties have used family violence against each other – weight to be given to individual considerations – hardship to respondent – employment as police officer and consequential effect of firearm prohibition

Legislation Cited:

Family Law Act 1975 (Cth)

Family Violence Act2016 (ACT) ss 6-8, 12-15, 34-39, 42, 44, 65

Human Rights Act 2004 (ACT)

Legislation Act 2001 (ACT) ss 139-140

Cases Cited:

Re Application for Bail by Islam [2010] ACTSC 147; (2010) 175 ACTR 30

Parties:

TS (Applicant)

PU (Respondent)

Representation:

Counsel

Dr J Behrens (Applicant)

Ms M Burgess (Respondent)

Solicitors

Neilan Stramandinoli Family Law (Applicant)

Yeend & Associates (Respondent)

File Number(s):

FVO 59 of 2019

MAGISTRATE STEWART:

BACKGROUND

1. The applicant seeks 24 month orders prohibiting the respondent from:

(a)     being where the affected person(s) live except in accordance with an order or a parenting plan made under the Family Law Act 1975 (Cth);

(b)     being on her mother’s premises in [redacted];

(c)     being at the early childhood centre where the applicant and respondent’s child attends;

(d)     being closer than 100 metres from the affected person(s) except:

(i)    in accordance with orders under a parenting plan made under the Family Law Act 1975 (Cth);

(ii)   in relation to the respondent’s children when spending time with them in accordance with orders or a parenting plan made under the Family Law Act1975 (Cth) or with the prior written consent of the protected person;

(iii)  at a counselling/mediation session or restorative justice conference arranged with the consent of the affected person(s);

(e)     locating or attempting to locate an affected person(s);

(f)       contacting an affected person except:

(i)    through a solicitor;

A.    at a counselling/mediation session or restorative justice conference arranged with the consent of the affected person(s);

B.    in accordance with orders or a parenting plan made under the Family Law Act1975 (Cth);

C.   in writing including by SMS or email to discuss that safety or welfare of the children or to facilitate parenting applications contact handover of the children.

(g)     engaging in behaviour that constitutes family violence;

(h)     causing someone else to locate or attempt to locate an affected person;

(i)       causing someone else to contact an affected person; and

(j)       causing someone else to do anything that is family violence in relation to the affected person(s).

1. The applicant works for the Australian Federal Police (AFP) – the same police force that the respondent is employed by. The parties commenced living together as a couple in December 2014 when the applicant moved to Canberra. It was not disputed that the parties stopped living together on 24 April 2018. The respondent now lives and works in New…