Domestic Violence
If you are facing or fearing domestic violence or have been named as a respondent in a proposed family violence order, we can help.
Family law and violence
The Family Law Act 1975 contains provisions aimed specifically at protecting children and family members from violence and abuse. The definitions of ‘abuse’ and ‘family violence’ are broadly defined in the Family Law Act. They include both physical and psychological forms of violence and abuse.
What is family violence?
Family violence is actual or threatened conduct by a family member towards another family member or property that causes a person to be fearful or anxious about his or her safety or wellbeing. A child is exposed to family violence if he or she hears or experiences the effects of family violence.
Family violence can include actual or threatened assault or sexual assault, stalking, derogatory and intimidating remarks, intentional damage or destruction of property, intentionally hurting or killing an animal, unreasonable suppression of financial resources or support and preventing or depriving a family member of his or her cultural connections or freedom.
Family violence orders
A domestic violence order is a generic term used for an order made under a specific law to protect a person from family violence. Orders may be made through a state or territory court.
The order is made against a person (the ‘defendant’) on the application of another person (the ‘applicant’) who has reasonable cause to fear for his or her safety. The applicant’s children may be included in the order and the application can be made privately, through a lawyer or by a police officer.
What orders can the court impose?
The court may impose whatever limitations or prohibitions on the defendant’s behaviour considered necessary to protect the applicant and his or her children. The order may restrain the defendant from assaulting, harassing, threatening, stalking or intimidating the other person and from accessing / attending his or her premises or place of work.
Interim and urgent applications
The court may make interim and provisional orders in urgent situations and in the absence of, and without notice to, the respondent named in an application. The court has broad discretion and may, in its determination, consider matters such as:
- whether there is a history or allegations of family violence or child abuse
- any past proceedings between the parties, whether there are orders presently in place and if these orders have previously been breached
- the likely hardship or prejudice to the respondent, child, or other party if the order is made
- the likely damage or harm that may eventuate if the order is not made
If you are in immediate danger or fear for your own, or your children’s safety, you may need to contact your local police urgently.
What if a domestic violence order is made against me?
The legal and practical implications of having a domestic violence order issued against you are significant and can impact your ability to communicate with or spend time with your children. We recommend you contact us immediately if you have been named as the respondent in an application.
If you are facing family violence or know somebody who may need help to prevent, minimise, limit, and discourage violence and abuse, or an allegation of family violence has been made against you are experienced family lawyer can assist. Contact [email protected] or call 02 9550 9588 for expert legal advice.