Sadly, domestic violence is a component of some relationships. This can even escalate when the relationship has broken down or is heading in that direction.
If you are the victim of domestic violence, we urge you to seek help.
Our family violence lawyers work with issues of domestic violence frequently, and we can advise on the legal issues to do with abuse. These include obtaining AVOs (Apprehended Violence Orders).
We can also advise those who have had unfounded claims made against them.
The definition of Family Violence is an evolving one. The definition from the Family Law Act s. 4AB (1975) reads as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.” Under the Family Violence Protection Act 2008, it’s defined as “behaviour towards a family member that is physically, sexually, psychologically, emotionally or economically abusive and causes that family member to feel fear for their safety or fear for the safety of another family member”
In 2011 it was expanded to include coercion and control that leads to “serious psychological harm.” Regardless of the severity, matters of domestic violence and sexual assault should be taken seriously and handled with care, and empathy.
Domestic and Family violence is a relevant factor the Courts will use when deciding parenting matters. A Court will always consider what the best interests of the child are when going through family law proceedings.
While they will usually weigh up the importance of a child having a relationship with both parents, placing a child in the way of physical or psychological harm will be given greater weight.
If you are facing a situation such as this, book a free appointment with one of our domestic violence lawyers. We can offer free legal advice and help you work out which steps to take next.
Taking the first step is simple. Reach out to us either through our contact form or by making a phone call. Our team is known for being friendly and approachable.
Upon contacting us, we commit to responding within one hour during our business hours. Following this, we will arrange a brief 5 to 20-minute conversation with you to gain a fundamental understanding of your situation, your goals, and how we can potentially assist you. If we determine that we can be of help, we will schedule an initial consultation and then commence working on your matter. Before we start, we will thoroughly explain the process and set expectations. This ensures that both parties are aligned and focused on achieving the best possible outcome for you.
At Movement Legal, effective communication is a core value. We will keep you informed as your matter progresses through different stages and promptly respond to any emails or calls you send our way.
An Apprehended Domestic Violence Order is a legally enforceable court order designed to restrict the actions of an individual who exhibits violent or abusive behavior towards you. Typically, these restrictions elevate the penalties for any criminal violence committed against you. However, an ADVO can also impose limitations on the person's movements or require them to seek counseling. The orders can be adjusted by the magistrate in court to suit each individual's circumstances.
In general, certified copies of any documents you present are required as evidence. If you are unable to obtain certified copies, only certain parts of the document may be accepted.
Obtaining police reports, medical reports, and other documents may involve obtaining a subpoena signed by a judge when necessary.
Our lawyers are family law specialists, and deal with these and related legal issues daily.
We can help you with any aspect of family law - including advice around divorce and separation, child custody, property and financial arrangements, financial agreements, and more.
We will come back to you promptly with clear directions as to how we can help you and your matter. We prioritise communication with our clients to bring maximum efficiency into play.
We provide our clients with certainty and transparency on our legal fees. Wherever we can, we will quote you a fixed fee, rather than charging you by the hour.