Family Violence

If you're seeking advice from a family lawyer, it's likely that you are going through a challenging and stressful life event. If children are involved, its imperative that the matter is handled with extreme care and professionalism.

Family Violence

If you find yourself in a family violence situation it’s important that you find out what options are available to protect yourself and any children.

Orders can be made in both the Local Court and Federal Court jurisdictions for the protection of yourself, a child, other relevant persons or property.

However, it is extremely tricky when there are a set of protection Orders made by a Local Court that conflict with parenting Orders made in a Federal Court.

Ultimately, the Local Court is empowered to amend the existing parenting Orders made in the Federal Court if it is necessary to give effect to the family violence protection Orders made in the Local Court.

A child may be considered to have been exposed to family violence if:

  • The child overhears threats of death or personal injury;
  • The child sees or hears an assault;
  • The child sees or hears a family member being comforted or provided assistance after a family violence situation; or
  • The child sees or hears a family member clean up the family home after it was intentionally damaged during a violent incident.

When the Court turns it mind to making parenting Orders, it must make the best interests of the child its paramount objective. In determining what is in a child’s best interests, the Court must weigh up two primary considerations:

  1. The overwhelming benefit of the child having a meaningful relationship with both parents; and
  2. The need to protect the child from harm by being subjected to or exposed to abuse, family violence or neglect.

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