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When a relationship breaks down due to family violence, the violence and abuse experienced tends to evolve, not stop.
We understand that the period after separation is the most dangerous for victims of family violence. In the wake of separation, parties are expected to negotiate arrangements for child contact, residential living arrangements and a potential property settlement. Such negotiations can easily be weaponised against a vulnerable spouse.
Sometimes it is simply not pracitcal to negotiate a compromise with the other side (especially if they have narcisistic traits or are used to being in control). You need an experienced solicitor to protect you and promote your interests with the other side.
If you feel unsafe or find yourself a victim of family violence, we invite you to reach out to our office for a no obligation, confidential chat. Our office can assist you to explore your options and assist you to put a stop to family violence.
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I just wished if I could have started my journey with Joshua, things
would have been a [lot] less painful.
... stop wasting your valuable time and money with other Law firms.
~ direct quote from another satisfied client.
You and your family deserve to feel safe.
DG Family Law will assist you to navigate and finalise your family law matter, give you your life back and do it in an affordable and timely manner. You can rest assured that with DG Family Law, you are in safe hands.
What is family violence?
What is a Family Violence Intervention Order?
Do I really need a lawyer?
Family violence is defined brroadly to include any behaviour that is used to control, threaten, force or dominate a family member through fear.
This includes any of the following: physical (hitting or pushing), sexual (forcing someone to have sex), emotional or psychological (controlling who someone can see and when), financial or economic (controlling a person's money without consent) or controlling behaviour.
In addition to the above definition, family violence also includes observing or being subject to behaviour that makes a family member fear for the safety of their property, another family member or an animal.
A Family Violence Intervention Order (FVIO) is a Court Order to protect you and your child(ren) from a family member that is or has been violent, abusive, threatening or otherwise perpetuating family violence.
A FVIO can include many conditions to protect you and your child(ren). This type of order can also be referred to as a "restraining order" or an "AVO" in other Australian jurisdictions.
A "family member" is intentionally defined broadly and can include anyone with whom you have a family relationship, including your partner, ex-partner, children, parents or other relatives. This person will be referred to as the "Respondent".
Depending on your circumstances, you may not need to enlist a private solicitor to assist you in your matter.
If you decied not to enlist a solicitor, you may obtain free assistance from the duty lawyer at the Court. The duty lawyer may be able to assist you to negotiate a final FVIO. However, duty lawyers tend to be very busy!
We would recommend that you enlist a solicitor, especially if the matter proceeds to a contested hearing. This will assist you to ensure that you get the best outcome for your case.
If you have been subject to family violence, we recommend that you seek legal advice before taking action.
Can I stay in the house?
Does family violence affect a property settlement?
How do I get protection?
The first priority is to ensure that you and your child(ren) are safe. If you do not feel safe, we encourage you to call the police, family violence support services or consider leaving the property.
If you obtain a FVIO, the Magistrate or the police officer may require your spouse to be removed from the family home. This order can be made even if your spouse is the sole owner of the house.
If a Court Order removes your spouse from the family home, he/she may file an application with the family law courts seeking a final property settlement. This may result in the property being sold, or other arrangements that may require you to vacate the family home.
Yes, in limited circumstances. A party to a property settlement can seek an adjustment to his/ her contributions on the basis that they were "significantly more arduous" by the family violence.
It seems that adjustments to an asset pool in consideration of family violence is not common, where a party needs to demonstrate the impact of the violence and the consequent loss of contributions to the resources of the relationship by the respective spouse.
This does seem to be an evolving arrea of law, where you would need evidence of serious family violence to even consider the argument that the victims contributions to the relationship were effected.
If you require immediate assistance call the police on 000. The police will then assist you to resolve the immediate issue and may apply for a FVIO on your behalf.
If you require immediate protection, the police may issue a "family violence safety notice" to tell the other side to stay away from you, your property and the places that you frequent.
If the police do not apply for a FVIO for you, you can attend the nearest Magistrates' Court or apply online for an intervention order to give you protection from the other side. You will be subject to a brief interview and can make the application with truly minimal supporting evidence.