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

Jessica , 2615  /  signed 2015-10-22 11:08:47 +1100
Mary-Joy , 4567  /  signed 2015-10-22 11:08:23 +1100
Paras , 5034  /  signed 2015-10-22 11:07:28 +1100
"I’m a survivor of domestic violence. I could not imagine how traumatising this must have been for you. I’m horrified that the system allowed this. I went through criminal court too and had my ex convicted but not many of us have the courage to do it. I feel for you. This will be enough to scare off any other women taking their perpetrators to court."
Johan , 3199  /  signed 2015-10-22 11:06:35 +1100
Bill , 3228  /  signed 2015-10-22 11:05:06 +1100
James , 2617  /  signed 2015-10-22 11:04:43 +1100
"Why the Family Court lags in the administration of justice is suggestive of a lack of priority, Hopefully this petition will increase awareness and encourage the government to bring the Family Court up to date and in line with other judicial systems."
Wendy , 2550  /  signed 2015-10-22 11:02:55 +1100
"Because, I have had to endure being cross examined by the man who assaulted me, too. It’s like being assaulted all over again, except the bruises on the inside don’t heal as easily as the ones on the body."
Glenda , 6330  /  signed 2015-10-22 11:02:07 +1100
"It is quite unbelievable that this practise is even possible in this day and age. How is the victim to recover if a further trauma is stacked on top of years of trauma and abuse? It has to stop immediately."
Helen , 3556  /  signed 2015-10-22 10:59:35 +1100
Shelley , 2282  /  signed 2015-10-22 10:56:49 +1100
"I had no idea that this is a possibility in a court of law, I am saddened and sickened to hear that a person on trial for abuse could be enabled to question the alleged victim in court. Surely their legal representation should be their voice, and this would be hard enough on the alleged victim, but at least provide one layer of distance. How can victims of abuse gain the confidence to speak up when they will have to speak to and answer to their alleged abuser face to face to do so? Surely this would inhibit many people from standing up and speaking out. A review is indeed warranted."
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