Family violence and the Family Court

By | May 20th, 2020|

If you thought family violence required physical abuse, then you were wrong.

It can include coercive and controlling behaviour, limiting access to money, limiting access to friends, or limiting access to family.

It is conduct that causes the family member to be fearful.  It is not unusual for family violence to go unreported.

If there is an apprehended violence order in place, then the Court must consider inferences that can be drawn from it when making a contact order.

The making of an apprehended violence order does not mean a person will be automatically prevented from seeing their children.  The Court must assess risk to the child and make orders only in the best interests of the child.

What does that mean?

 It may mean that time will be supervised by a friend or family member, or at a specialist contact centre.  In some rare cases, it might mean no contact at all.

Anger management courses, therapy and drug/alcohol testing may also be ordered in a way that is protective of the child.

If you are concerned about your safety attending Court, you must tell your lawyer and contact the Court so that a specialised safety plan can be built to ensure your protection.

The best interests of children are usually served with arrangements for their care being settled early.  This can be achieved by a Court, by negotiation, mediation, or an urgent Court application.

Contact one of our specialist family lawyers for advice.

Tiyce & Lawyers – we are here when you need us.

We’re here when you need us.

Book an initial consultation or call us: 1300 084 923

GOT QUESTIONS? CALL 1300 084 923