Family court

No one should have to be cross-examined by their abuser

WIN! The Government finally passed a hugely important reform that will protect victim-survivors in Family Court. This campaign came about because of the incredible bravery and advocacy of Eleanor, a survivor of family violence who asked Fair Agenda members to stand with her and the Women’s Legal Services Australia to build pressure on the Government to update these laws. Thank you to all the Fair Agenda members that were part of the campaign supporting this important reform!

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Right now there are no legal protections in place to stop abusive ex-partners from cross-examining those they have abused in family courts.1 As Eleanor, the survivor leading the call to change this horrifying system explains, this cruel gap needs to be addressed:

"The day I stood on the stand and was forced to answer the questions of a man who had sexually assaulted and abused me for over a decade were a massive slap in the face. And that horrific experience was a major obstacle in my recovery from the trauma of my abuse. No person should have to be cross-examined by the person who sexually assaulted and beat them.” 

Eleanor's local MP has just raised this issue in federal parliament - now Eleanor is asking for your help to build enough community pressure to push Attorney-General George Brandis to address this cruel system. Can you sign the petition and stand with Eleanor?

If you or someone you know is experiencing family violence or sexual assault, you can call 1800 RESPECT on 1800 737 732 for 24/7 support. If you are in immediate danger call 000.

Click here for more information

Under Family Court rules, people without legal representation can currently cross-examine their former partner.2

State and territory courts already have rules in place to make sure this can't happen, but the federally governed family court hasn't yet caught up. Last December the Productivity Commission recommended the law be changed – but the Attorney-General still hasn't responded to the recommendation.3

-References-

1, 2, 3. Victorian MP pushing to end Family Court cross-examinations by abusive ex-partners, ABC News, 19 October 2015.

5,441 SIGNATURES SO FAR

To Attorney-General, Senator the Hon George Brandis QC,

We call on you to urgently introduce a law to prevent abusers from cross-examining their victims in family court. 

Signed,

* required fields

Latest activity

Craig , 2212  /  signed 2015-10-21 11:52:48 +1100
Judyth , 6157  /  signed 2015-10-21 11:52:45 +1100
"how can this kind of added abuse continue in the light of DV campaigns and what we know? Removal of the sections that allow this in the legislation should be a priority for all jurisdictions."
Daphne , 4350  /  signed 2015-10-21 11:52:40 +1100
"This outrage should have been stopped years ago. It is disgraceful that a victim of abuse should be cross examined by her abuser, or publically in court. These actions are one of the reasons so many victims do not press charges. The abuse is bad enough why be punished, humiliated and degraded again"
Grant , 2280  /  signed 2015-10-21 11:52:30 +1100
"Isn’t this obvious to anyone with justice and compassion."
Lesley , 3228  /  signed 2015-10-21 11:52:24 +1100
"It only adds to the trauma that these poor victims have already endured."
Vincent , 2206  /  signed 2015-10-21 11:51:45 +1100
"The Commonwealth laws should be amened as a matter of urgency. No person, male or female, should be subject to cross examination by a person who has committed a violent act against them. If needed a third party appointed by the court should carry-out this task."
Vincent , 3996  /  signed 2015-10-21 11:51:44 +1100
Steffie , 2222  /  signed 2015-10-21 11:50:37 +1100
John , 2539  /  signed 2015-10-21 11:50:18 +1100
Alan , 3155  /  signed 2015-10-21 11:50:09 +1100
"Women need to be protected, the family court needs to address this issue, it is simply clear and factual that the circumstance Eleanor found her self in in seeking justice from her abusive partner is completely unacceptable. This institution needs to uphold the principles for which it was created. It got not be any clearer, so act immediately to address this!"
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