Protected from family violence

‘Cindy’ and ‘Alan’ were both aged 16. Cindy left her family home to be with Alan, moving into his room at his family’s home. Alan became violent and controlling, hitting, punching and biting Cindy, withholding her phone and physically preventing her from leaving, on several occasions. When police were called, Cindy was scared, and she did not co-operate with police.

Police applied for a Family Violence Intervention Order (FVIO) against Alan, to be heard in the Children’s Court. An interim, no contact, FVIO was granted.

As the couple lived at Alan’s family home, it was Cindy who had to leave. She moved back in with her parents. Three months went by with no contact.

Cindy was referred to PCLC the day before the court hearing.

This was all happening during the pandemic when the court was operating remotely, by emailed submissions. We were taking instructions by phone, negotiating with police and ultimately making a written submission to the magistrate.

We were saddened that such a young man would treat a young woman in such a way, however we were gratified that Cindy instructed that the relationship was over, she never wanted to see Alan again, she had re-enrolled in school, was doing well, and that she would never tolerate such abuse again.

Alan had a private lawyer who told police Cindy did not want the order. Police then said they would seek only a six-month order. The lawyer said that Alan would consent to the FVIO, but only for a period of three months. That lawyer actually wrote in their submission that Cindy did not want the order. We were alarmed that police might take the version of Cindy’s wishes from Alan’s lawyer, rather than from us. We made submissions to the court asking for the maximum length of FVIO due to the seriousness of the abuse.

We told the court and police that Cindy was actually supportive of the full FVIO, for the maximum time frame (12 months is the maximum the Children’s Court can order).

We were pleased that court granted a 12-month FVIO, and also that we were able to be the voice for a young person who otherwise may have had none.