Individual safety and welfare, along with the safety and welfare of children, is the highest priority prior to, during and after separation. Sadly, the risk of violence and abuse tends to rise during the process of separation. Fortunately though, family law and domestic violence laws provide important protective measures, and if an individual or child is unsafe, or at risk, these protective measures can be enacted. An experienced lawyer practising in family law and domestic violence law can help explain the options and support that is available.
Understanding Family Violence and Domestic Violence
It’s important to understand the definition of family violence and domestic violence. The term is defined under the Family Law Act, as well under state and territory based domestic violence laws. The term does not just refer to physical violence, although of course it includes that as well. Family violence and domestic abuse can include the following:
- Physical violence
- Emotional abuse
- Sexual abuse
- Financial control
- Damage to property
- Threats
Family violence and domestic violence is far too common with 1 in 6 women in Australia having experienced or experiencing domestic violence with their partner. Legal intervention is a critical component to dealing with this serious and prevalent issue.
How can a domestic violence lawyer help?
A family lawyer and domestic violence lawyer can identify the right legal protective measures for the individual situation and seek to implement them. In addition, they can provide referrals to other services that can provide non-legal support.
Some options that may be explored include
1. Obtaining a Family Violence Order
Family violence orders are orders that protect an individual from a family member who is using family violence. The orders include conditions to stop the alleged offender perpetrating violence against the alleged victim. They can be final orders or interim orders. Family violence orders are made under state or territory laws, and are called different things in different states and territories:
- Apprehended Domestic Violence Order (NSW)
- Intervention Orders (VIC & SA)
- Domestic Violence Orders (QLD)
- Violence Restraining Orders (WA)
- Family Violence Order (TAS)
- Domestic Violence Order (ACT & NT)
2. Parenting and Custody Arrangements
Parenting plans and parenting orders are the main way to ensure that children are in a safe environment, free from violence and harm. Any care arrangements for children should be based on the best interests of the child. Under the Family Law Act the best interests of the child includes as a primary consideration the need to ‘protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence. A lawyer who specialises in family law and domestic violence can provide advice and set up a parenting plan or parenting orders.
3. Financial and Property Arrangements
Domestic abusers often exert control through financial channels. Family lawyers and domestic violence lawyers provide assistance in arranging fair and just interim and final financial and property arrangements.
4. Support and Care
Through the New Way Lawyers Client Care Program we are able to offer non legal care and support to individuals experiencing domestic violence. Having emotional support and guidance during these difficult times is critical for clients.
5. Professional Collaboration
Family lawyers often collaborate with other professionals, such as counsellors, social workers or domestic violence support organisations to provide holistic and seamless care.
6. Tailored Legal Advice and Representation
Every situation of separation is unique, especially when there is domestic and family violence involved. That is why there is no substitute for tailored legal advice and representation and obtaining advice early after separation can save time and money down the track.
Arrange a Free 20 minute chat with one of our family and domestic violence lawyers.
The team at New Way Lawyers have significant experience helping people safely leave relationships where there is domestic and family violence. You can arrange a free 20 minute chat with one of our qualified family lawyers by filling in our contact form.
You can also join our Lunch with a Lawyer group where our family lawyers answer questions about family law and domestic violence for free. You can join the group here.
