Children

Contributed by Camille Inifer and Shayla Strapps and current to 1 September 2005

In households with children and where family and domestic violence occurs, it is likely that not only the adult partner but also the children will be exposed to the abuse. Therefore it is probable children will be involved in any legal processes and proceedings taken as a result of family and domestic violence, for example Family Court applications, Restraining Order applications, criminal proceedings and Care and Protection applications under child welfare legislation.

Exposure of children to family and domestic violence is taken seriously by the judiciary. The ‘best interests of the child’ are of paramount consideration in making orders and the court is obliged to ensure that orders are made to protect the child from family and domestic violence. The Family Court is also able to issue injunctions to protect children.

There are also procedural provisions under laws such as the Restraining Orders Act 1997 (WA) and the Evidence Act 1995 (WA) to protect children involved in the court processes by determining whether, how and where they give evidence.