Dealing with Domestic Violence in Family Law Matters
Domestic violence is a significant issue in family law matters, and understanding how the Australian legal system approaches these situations is crucial for anyone affected.
In Australia, the definition of domestic violence, often referred to as family violence is broad and includes physical, emotional, psychological, sexual, and financial abuse. When family violence arises within family law matters, it can deeply impact decisions around parenting arrangements, property settlements, and overall case outcomes.
Legal Definition of Domestic Violence
In Australia, domestic violence is defined broadly to include any behaviour that controls, dominates, or instils fear in a family member. It can take many forms, including:
Physical harm or threats of harm
Emotional or psychological abuse
Economic abuse, such as controlling finances
Stalking or monitoring behaviours
Sexual abuse
The Family Law Act 1975 (Cth) 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."
Domestic Violence and Parenting Arrangements
Domestic violence can significantly affect parenting arrangements. The Family Law Act prioritises the best interests of the child in making decisions about who they will live with and spend time with. In cases where domestic violence has occurred, the court will place a high emphasis on protecting the child from harm, including any exposure to family violence.
Courts often issue Family Violence Orders (FVOs), also known as Apprehended Domestic Violence Orders (ADVOs) or Intervention Orders, depending on the state or territory. Protection orders, injunctions and restraints can also be made in the Federal Circuit and Family Court of Australia under the Family Law Act 1975 (Cth).
These orders are designed to protect victims and children from further abuse. They can also restrict the perpetrator's contact with the children or the other parent. , In cases where family violence has occurred or there is a risk of family violence, supervised contact or no contact orders may be enforced. The court looks at the child’s best interest and the safety of the child as the paramount consideration.
For these reasons, it’s important to have a child custody lawyer supporting you to ensure that your case is presented in the best possible way to support the claim and result in the best outcome for the child.
Impact on Property Settlements
In property settlement matters, domestic violence can also play a role. While Australian family law generally aims to divide assets based on contributions to the relationship, the court may also consider the impact of domestic violence when determining property settlements.
For example, where domestic violence has significantly diminished one party's capacity to contribute to the relationship or impacted their ability to work, the court may take this into account when dividing assets. Courts recognise that survivors of family violence may face financial disadvantages, such as reduced earning capacity or financial dependency due to controlling behaviour.
Domestic Violence Allegations and False Claims
Unfortunately, domestic violence allegations can sometimes be misused in family law matters. It's important to note that the court takes these claims seriously and requires evidence to substantiate allegations. False claims of family violence can undermine the integrity of the legal process and may result in penalties for those making unsubstantiated accusations.
The court may appoint an independent children's lawyer (ICL) to represent the child’s interests if domestic violence is alleged, ensuring that the child's voice is heard and the focus remains on their safety and wellbeing.
Seeking Legal Advice
If domestic or family violence is a factor in your family law matter, seeking legal advice is essential. Lawyers can guide you through the process of obtaining protection orders, preparing evidence, ensuring proper safety plans are in place when attending court events and understanding how the violence might impact your case. In addition to legal advice, many support services are available, such as counselling, domestic violence hotlines, and safe housing options for those in immediate danger.
For more information or advice, contact a family lawyer , such as Espino Law, who can help guide you through this difficult and stressful time and ensure your rights and safety are protected at all times.
