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.
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.
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. 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. Contact us for a free on the phone consultation.