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Contact us today to arrange a confidential consultation with one of our expert Family Lawyers. Our specialist Family Lawyers are committed to actively working towards the best outcome for you. Domestic Violence is often relevant to a family law matter, whether the matter is a parenting dispute or a property dispute.
Domestic Violence
What is commonly referred to as Domestic Violence, is defined under the Family Law Act 1975 (Cth) ("the Act"), as Family Violence.
Family violence can take many forms. For the purpose of the Act, family violence can include assault, sexually abusive behavior, stalking, derogatory taunts, intentionally damaging or destroying property, denying a family member financial autonomy, withholding financial support, depriving a family member of his or her liberties, and/or exposing a child to any of the above behaviors.
If you have recently experienced family violence in your relationship, you should seek legal advice as soon as possible, about the effects of family violence in your family law matter.
Family Violence in Parenting Disputes
In a relationship categorised by family violence, when children are involved, it is common for the children to have been exposed to conflict between parents.
Regrettably, children often see and hear family violence and may be negatively affected by this exposure. If proceedings are commenced, the parties are required to file a Notice of Risk form, setting out the details of the child’s exposure to family violence.
The Courts can and often do take a cautious approach to parenting matters when faced with a matter that involves allegations of family violence, to ensure that the child or children are not at an unacceptable risk of being exposed to further family violence.
Family Violence in Property Settlements
If the Court finds that one party has been the victim of family violence throughout their relationship, that resulted in the victim’s contributions being more arduous than they would have been but for the family violence, then, the Court may attribute more weight to the contributions of this party, in those circumstances.
Further, if the violent conduct of one party has diminished or destroyed property and therefore the value of the property available for distribution between the parties, then that negative contribution may be attributed to the party responsible for the loss in value.
Relevance of Criminal Proceedings
If findings of guilt are made before the Criminal Courts in relation to allegations of domestic violence/family violence, those findings may be relied on should the matter be considered before the Family Court or Federal Circuit Court of Australia.
To speak with one of our experienced family lawyers or criminal lawyers about a charge or ADVO following an allegation of family violence/domestic violence, please contact our office.
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