We ensure that our clients understand what family violence is and how they can seek protection. Too often there is a misconception that family violence involves physical abuse only, this is not the case, and extends to financial, psychological, emotional abuse and property damage. With this education clients are better able to seek the right supports.
We have a well trusted stable of supports that we link clients with when they are either the victim or perpetrator of family violence. This includes government organisations, police, medical, cyber security, housing and psychological services. With the right supports clients can then move on to focus on other aspects of their legal needs such as parenting and property settlement negotiations.
We understand that family violence can be ongoing and that keeping an open dialogue with clients means that they are reassessing their safety and behaviours throughout our engagement. We ensure clients know they can reach out to our team and discuss family violence concerns at any stage.
Victims of family violence ultimately seek peace and security, we appreciate this basic desire. We take on our role of advisor and advocate with the weight it requires to work for our clients towards achieving this.
Not all family lawyers work in the Family Violence and Intervention Order space. We choose to do this work because we know that it matters and it makes a difference for our clients. Our team have many years’ experience in Intervention Order matters and continue to build on their knowledge and experience for the benefit of our clients.
Victims and perpetrators of family violence require the right supports. Our team have established links with some of the best psychological and legal supports in the family violence space. We refer our clients to these supports with confidence.
Victims of family violence require trauma informed support. We know the impacts of family violence results in clients requiring different attention and support, we work with them in this context.
Family violence is relevant to all areas of family law and must be considered in this way. It is not a separate issue, it often is the issue. Our team know this and come back to this knowledge in all matters where family violence is present.
Family violence is defined under two pieces of legislation that family lawyers work within, the first is the Family Law Act (Cth) 1975 which defines family violence as;
Violent, threatening or other behaviours by a person that coerces or controls a member of a family or causes the family member to be fearful. This can include assault, sexual assault, stalking, derogatory taunts, damaging property, causing death or injury to an animal, economic or financial abuse, preventing a person from making or maintaining connections with family and friends.
The second is the Family Violence Protection Act (Vic) 2008 which defines family violence as behaviour towards a family member that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive or controls or dominates a family member making them feel fear for their safety or wellbeing.
A family violence intervention order is an order that is made in the Magistrates Court and is intended to protect a person from family violence. Once an order is made the order can prevent the perpetrator from living in the same home as the victim, attending where the victim lives or works or attends school, contacting the victim, damaging property or causing another person to do these things on the perpetrators behalf.
If a perpetrator breaches the intervention order they can face penalties including terms of imprisonment.
You can read more about intervention orders on the Magistrates Court of Victoria website or the equivalent state court in your area.
If family violence has occurred it can also impact a client’s family law matter. In parenting matters the court will consider the impact of the family violence on the other parent and the children and any orders made by the court must promote the safety of the children as the primary consideration.
In property settlement matters family violence is considered in terms of how that violence impacted the other party and their capacity to make contributions, it is also considered in terms of the parties current and future circumstances. The court are not adjusting property simply because family violence was present but may adjust property in favour of the victim if that family violence made contributions more onerous for example.
Leaving an abusive partner is often a point of real danger. If you are in immediate risk from your partner please contact police or other emergency services. If your risk is not immediate then you should seek advice from a family lawyer who can assist you to develop a plan around how to leave the relationship and link you in with the right supports.
Do you have questions about our legal services or how we can assist with your case? Schedule an initial consultation with our team.
Accessible Family Law are proud allies of the LGBTQIA+ community.
Accessible Family Law acknowledges and pays respect to Traditional Owners of country throughout Australia.
