Family Violence is unfortunately rather common, and laws exist in Australia to protect people from acts of domestic violence and abuse. Every state/territory has its own laws, and the Family Law Act 1975 takes family violence into account as a factor for consideration in parenting and financial orders.
The Family Law Act 1975 defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful.”
Family Violence can include any of the following:
If you are experiencing Family Violence it is important to understand the processes involved in bringing this to the Court’s attention, you must file a notice to the Court and serve a copy to the alleged perpetrator. This way the Court can consider this as evidence of the Family Violence when considering orders for Parenting and Financial matters.
Family Violence and Financial Orders
Family Courts will consider contributions that each party made to the marriage or de facto relationship, these can include financial and nonfinancial contributions such as housekeeping and care of the child/children.
When the Court is satisfied there has been Family Violence then at the Court’s discretion, a higher value can be placed on the nonfinancial contributions made by that party as family violence is considered to be a burden.
Family Courts will consider contributions that each party made to the marriage or de facto relationship, these can include financial and nonfinancial contributions such as housekeeping and care of the child/children.
When the Court is satisfied there has been Family Violence then at the Court’s discretion, a higher value can be placed on the nonfinancial contributions made by that party as family violence is considered to be a burden.
Domestic Violence Orders are orders that can be sought if a person:
The court will consider these factors when considering granting a Domestic Violence Order.
If granted a Domestic Violence Order, the defendant will be prohibited from actions against the respondent and any named person on the order including children of the following acts:
Further to the above, a court can consider further conditions that prohibit the defendant from any of the following:
To ensure that the protected person/s are reasonably protected the court can further consider any additional conditions the Court may see as required.
You can obtain a Domestic Violence Order or an AVO in 2 ways, either by contacting the police or by making an application yourself.
If you contact the Police and explain/report the situation you are currently experiencing and the police believe your statements are justified and the benefits of an AVO exist then the police can make an application for an AVO on your behalf.
You can choose to make an application yourself to your local court, you will be provided with a hearing date following making an application for an AVO and the police will serve the notice to the other side involved. If you are experiencing current acts of Domestic Violence you can apply for an interim order which will provide immediate protection while your hearing date approaches.
If you do not attend the hearing then the application will be dismissed, if the defendant does not appear at the hearing then the AVO will be entered by default.
If the defendant appears and does not consent to an AVO then the applicant will need to provide evidence to satisfy the magistrate with the reason for the application, and the same for the defendant as to why the AVO shouldn’t be granted.
If you are experiencing Family Violence it is important to understand the processes involved in bringing this to the Court’s attention, you must file a notice to the Court and serve a copy to the alleged perpetrator. This way the Court can consider this as evidence of the Family Violence when considering orders for Parenting and Financial matters.
Family Violence and Financial Orders
Family Courts will consider contributions that each party made to the marriage or de facto relationship, these can include financial and nonfinancial contributions such as housekeeping and care of the child/children.
When the Court is satisfied there has been Family Violence then at the Court’s discretion, a higher value can be placed on the nonfinancial contributions made by that party as family violence is considered to be a burden.
Commercial and retail leases set out the legal terms and conditions for which a business may occupy a premise/s. Before entering into a lease agreement, no matter if you are the lessor or lessee, it is highly recommended to have an experienced property lawyer formally prepare and review the agreement. This will ensure that you are protecting your interests and help protect the balance of rights between the parties. Having a lease agreement that is clear with expertly drafted terms in place can minimise lease disputes and save both parties on time and costs.
Should both parties have obtained independent legal advice regarding their rights and obligations, this can also minimise lease disputes, for both parties would have a proper understanding of the agreement and their rights and obligations.
Domestic Violence Orders are orders that can be sought if a person:
The court will consider these factors when considering granting a Domestic Violence Order.
If granted a Domestic Violence Order, the defendant will be prohibited from actions against the respondent and any named person on the order including children of the following acts:
Further to the above, a court can consider further conditions that prohibit the defendant from any of the following:
To ensure that the protected person/s are reasonably protected the court can further consider any additional conditions the Court may see as required.
You can obtain a Domestic Violence Order or an AVO in 2 ways, either by contacting the police or by making an application yourself.
If you contact the Police and explain/report the situation you are currently experiencing and the police believe your statements are justified and the benefits of an AVO exist then the police can make an application for an AVO on your behalf.
You can choose to make an application yourself to your local court, you will be provided with a hearing date following making an application for an AVO and the police will serve the notice to the other side involved. If you are experiencing current acts of Domestic Violence you can apply for an interim order which will provide immediate protection while your hearing date approaches.
If you do not attend the hearing then the application will be dismissed, if the defendant does not appear at the hearing then the AVO will be entered by default.
If the defendant appears and does not consent to an AVO then the applicant will need to provide evidence to satisfy the magistrate with the reason for the application, and the same for the defendant as to why the AVO shouldn’t be granted.
55 Hudsons Road, Spotswood VIC 3015
2 Currumburra Road, Ashmore Qld 4214
E-13, UPSIDC, Site-IV, Greater Noida India
343791 York House, Green Lane West,
Preston PR2 1XB
© Copyright 2024 KINGSFORD LAWYERS | ALL RIGHTS RESERVED
Reach out to us, and let’s work together towards a solution that brings you peace of mind and a positive step forward.
