Understanding Family Violence: A Legal Perspective
Family violence is a critical issue that affects many families across Australia. It encompasses a range of abusive behaviours that occur within family or intimate relationships, and it can have devastating effects on victims, including children. As legal professionals, it is essential to understand the complexities of family violence to provide effective support and representation to clients. At Lawgix, we are deeply aware of how violence can disrupt family relationships and significantly influence legal proceedings, and we approach each case with the sensitivity and expertise needed to navigate these challenging situations.
Definition and Forms of Family Violence
Family violence is defined under the Family Law Act 1975 (Cth) as violent, threatening, or other behaviour by a person that coerces or controls a family member or causes them to be fearful. This can include physical violence, emotional abuse, economic abuse, and coercive control. It is important to recognise that family violence is not limited to physical harm; it can also involve psychological manipulation and control.
Legal Framework and Protections
In New South Wales, the legal framework for addressing family violence includes the Family Law Act 1975 and the Crimes (Domestic and Personal Violence) Act 2007 (NSW). These laws provide mechanisms for protecting victims, such as Apprehended Domestic Violence Orders (ADVOs), which can restrict the behaviour of the perpetrator to ensure the safety of the victim and any children involved.
Impact on Family Law Proceedings
Family violence is a significant consideration in family law proceedings, particularly in matters involving children. The primary concern of the court is the best interests of the child, which includes protecting them from harm. Under section 60CC of the Family Law Act 1975, the court must consider the need to protect children from being subjected to or exposed to family violence.
In cases where family violence is alleged, the court may order a Child Impact Report to assess the situation and make informed decisions regarding parenting arrangements. The court may also impose conditions to ensure the safety of the child and the non-violent parent, such as supervised visitation or sole parental responsibility. Cases involving family violence will typically be allocated an Independent Children’s Lawyer who will represent the children throughout the proceedings.
Support and Resources
Victims of family violence have access to various support services and resources. Organisations such as 1800Respect, Men's Referral Service, and Lifeline provide counselling, support, and information to those affected by family violence. Legal aid services are also available to assist victims in navigating the legal system and obtaining necessary protections.
Our Promise
We promise to assist families through a compassionate approach to limit the effect the legal process has on victims. We advocate for the safety and well-being of clients and their families, ensuring they receive the support they deserve during difficult times.
For more information and support, visit Family Violence Law Help or contact 1800Respect at 1800 737 732.
Please don’t hesitate to reach out to our family lawyers, Amanda Olic and Mohammed Fayad, for a free 15 minute consultation.
