Domestic Violence Lawyers Parramatta

The impact of family violence and abuse can be significant when dealing with family law matters, particularly where children are involved. There is significant overlap between the family law system and the criminal system, in particular, apprehended violence orders.

Catron Simmons Lawyers are uniquely placed in the realm of Domestic Violence cases, leveraging extensive experience as both specialist Domestic Violence prosecutors and solicitors. This dual perspective provides our firm with a comprehensive understanding of the intricacies involved in these sensitive matters.

What is family violence?

Family violence is defined in the Family Law Act as any conduct that is “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.”

This may include assaults, sexual abuse or assault, stalking, harassment, repeated derogatory remarks or put downs, damaging property, financial abuse, isolation and controlling behaviour to name a few. It is important to understand that the exposure to family violence can also be considered.

As solicitors, we bring a compassionate and client-focused approach. We understand the personal and emotional toll that Domestic Violence cases can have on individuals and families.

What does all this mean for the family court?

The main concern of the Family Law courts when dealing with children, is the notion of the child’s ‘best interests’, a part of this test is ensuring a child is protected from family violence and harm.  When issues of family violence are raised the court has additional considerations as part of that best interest test.

How is this issue raised?

Generally speaking, allegations of abuse and/or family violence are raised by an “interested party” in a case alleges actual, or the risk of violence that party must file a notice of risk.

1. Family Violence Impact: Family violence is recognised globally as a major public health issue. It has severe implications for children’s well-being, causing developmental damage and leading to prolonged mental health challenges into adulthood. Notably, children suffer harm not only as direct victims but also as witnesses to domestic violence.

2. Legal Standards: In Family Court matters, the standard of proof required to demonstrate concerns regarding a child’s safety is the existence of an “unacceptable risk” of harm. This is a significant consideration in cases involving both direct and indirect exposure to violence.

3. Court Considerations: Courts are particularly mindful in assessing family violence and allegations of sexual abuse, understanding these issues often occur “behind closed doors” and may be challenging to substantiate. Nevertheless, evidence indicating an “unacceptable risk” must be carefully evaluated.

4. Role of Professionals: Child and family psychiatrists can play a crucial role in such proceedings. They provide expertise by assessing the child and the involved adults, focusing on the capacity to meet the child’s emotional and intellectual needs, and evaluating attachment relationships. Secure, stable, and nurturing bonds with responsive caregivers are considered paramount.

You should seek appropriate legal advice as there are differences between the Federal Circuit court and the Family court as to what is required.

You should always obtain legal advice in regard to your current circumstances with a solicitor each case is different and requires differing advice. Catron Simmons Lawyers are skilled and trained in areas of domestic violence, both defending and prosecuting family law and state criminal matters. Catron Simmons Lawyers also work in partnership with the Women’s Domestic Violence Court Advocacy Program at Windsor Local Court assisting victims of Domestic Violence. Contact us for a free on the phone consultation.