Family law in Australia covers several matters—separation and divorce, parenting, missing children, and property and finance. Among these family law domestic violence is taken more seriously by the Family Court and Federal Circuit Court.
In the Family Law Act 1975, it also takes a prominent place together with child abuse.
Although the level of protection afforded to the victims is equal to concerns on fathers rights abortion laws Australia government sets and other legal problems, family violence is given more attention because of its effect on the abused party and on the children.
The Family Court of Australia defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful; and
A child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence (Section 4AB)”.
There are various elements that the court considers when deciding if a behaviour or situation falls under violent act against family.
A behaviour that is considered by family law domestic violence examples are assault, sexual assault, repeated derogatory taunts, unreasonably withholding financial report, and unlawfully deprivation of liberty. Check it out at BTLawyers
Situations that expose a child to family violence, on the other hand, include overhearing death or personal injury threats, seeing or hearing a family member being assaulted, and being present when a police or ambulance officer attends to an assault incident.
Family violence does not only cover abuse or violence between spouse and partner or between adult and children. It also includes forms of parental abuse, where a child is violent against a parent, and sibling abuse.
Effect of Family Violence on Personal Safety
Abuse and violence in the family not only impact a victim physically and emotionally but also extend to personal safety.
That is, their readiness to take action in a family court will be hampered or weakened. The same is true with their willingness to go to court, and their ability to participate in court events and achieve dispute settlements through negotiation.
For these reasons, victims of family violence should hire a lawyer. With free divorce lawyers Brisbane firms have that they can access, they should not hesitate to take advantage.
How Lawyers Can Help
Lawyers specialising in family law are not only familiar with the laws on domestic violence, fathers rights to child maintenance, and divorce but also the legalese and processes involved. They can:
If criminal charges arise from domestic violence, their skills and knowledge will play a vital role.
Most importantly, they can help ensure your personal safety. For example, if you’re afraid to attend a court appointment because you will be in the same room as an abusive partner, they can tell the court in your behalf so certain provisions and concessions are made, such as the use of a safe room, separate entry and exit points, and attending court via phone or video.
If you have family law domestic violence concerns, talk to a lawyer from BTLawyers.
James Farragher Campbell is a nationally recognized expert in the law of DUI and vehicular homicide and one of the country’s most successful DUI defense lawyers.