That's the law mate.Are you seriously suggesting if someone refuses to accept responsibility, refuses to undergo counselling, that they should be granted access back again just in case that helps them improve?
A VRO is not a parenting order. Being the perpetrator of FV doesnt automatically deny a parent access to their kids. Heck, Parenting orders override VRO's in any event.
Dont get me wrong; Family violence is a huge part of determining what contact a parent has with their kids (and the type of contact, supervised, supported etc). But it's not a binary decision.
Family court orders for 'sole custody' are rare, and take years of proceedings to get. One can rock up to a Magistrates court, apply for in interim FVRO, get a hearing that day, have the matter heard ex parte (without the alleged perpetrator being there) with the laws of evidence not applying, and walk out that arvo with an interim FVRO that grants you effectively sole custody for 2 years.
All too often I see applicants (victims) who use the FVRO as a mechanism to deny a dad access to the kids, as much as it is for anything else. As the initial hearing is ex-parte and the laws of evidence dont apply, and due to the broad definition of cohesive or controlling behavior (and that amounting to family violence) it can be extremely easy these days in WA to obtain an interim FVRO, that sticks for 6 months or more and effectively makes the father homeless, and denies them access to their kids while its active.
I wouldn't say it's common, but I read 3-4 FVRO transcripts per day, and some of the things that get complained about are relatively minor (arguments, him acting like a dick, going through her phone, turning up at all hours etc), and some of it is quite serious (violence, drugs, threats to kill etc).
Courts are starting to get a bit savvy to this, and making provisions in the FVRO's for the perpetrator parent to have some access to the kids and mediation, but it's a tough balancing act for the Magistrates to make in a one off hearing with questionable evidence (it takes Family Court judges years and reams of evidence and expert witnesses to reach their decisions).
IME, its the interplay between access to the kids and FVRO were the real tension lies. A lot of perps are actually prepared to agree to Conduct Agreement Orders to stop contacting the victim, but the real point of contention remains the children.