Authors: Kesia Denhardt, Arran Hunt
Published: 3 August 2022
Pages: 60

Introduction

As the digital space evolves over time, so too do the opportunities for those motivated to cause significant harm and distress to others. Such conduct may arise during or following the end of a relationship.

This paper will consider the relationship between the Family Violence Act 2018 and the Harmful Digital Communications Act 2015 and aims to arm you with the knowledge to provide effective advice in this challenging area. Topical examples in the public arena, the pertinent sections of the legislation, and relevant case law will all be examined. More specifically, the authors aim for readers to:

•  gain a deeper understanding of family violence in all its forms;
•  better understand the ways in which the digital space can be used as a mechanism to cause harm;
•  gain a better knowledge of the similarities and differences between the Family Violence Act 2018 and its predecessor, the Domestic Violence Act 1995;
•  examine the interplay between the Family Violence Act 2018 and the Harmful Digital  Communications Act 2015;
•  become aware of some key cases in this area; and
•  be more confident recognising, preventing and responding to online harm, to the benefit of your clients.

Content outline

• Domestic violence
• From the DVA to the FVA
• Protection orders
• Family violence in the digital space
• Online harm
• Key definitions
• Process
• Anonymity
• Intimate visual recordings
• Deep fakes