Family Violence

Legal Framework for Family Violence

Key Legislation

1. Crimes (Domestic and Personal Violence) Act 2007 (NSW): This state legislation provides the framework for obtaining Apprehended Domestic Violence Orders (ADVOs) to protect victims from further harm. ADVOs can impose various conditions on the perpetrator, such as prohibiting contact with the victim or requiring them to vacate the family home.

2. Family Law Act 1975 (Cth): This federal legislation addresses family violence in the context of family law matters, such as parenting arrangements and property settlements. The Act prioritises the safety and best interests of children, allowing courts to make orders that protect them from exposure to family violence.

Impact on Family Law Matters

Family violence can significantly impact family law proceedings, including:

• Parenting Arrangements: Courts consider the presence of family violence when determining parenting orders, prioritising the safety and well-being of children. Recent amendments to the Family Law Act 1975 (Cth) have refined the factors considered in determining the best interests of the child, with a focus on protecting them from harm.

• Property Settlements and Spousal Maintenance: Family violence may influence decisions regarding the division of property and spousal maintenance, particularly if it has affected a party's financial circumstances or ability to work.

How Dojo Legal Australia Can Assist

At Dojo Legal Australia, we understand the complexities and sensitivities involved in family violence cases. Our team of experienced lawyers is dedicated to providing comprehensive legal support tailored to your unique circumstances.

Expert Legal Advice

Our lawyers are well-versed in the legal framework surrounding family violence and can offer expert advice on all aspects of the process. We help clients understand their rights and options, ensuring that they receive the protection and support they need.

Obtaining Protection Orders

We assist clients in applying for Apprehended Domestic Violence Orders (ADVOs) to ensure their safety and well-being. Our team will guide you through the application process, helping to gather evidence and present a strong case to the court.

Representation in Court

If court proceedings become necessary, our experienced litigators will represent your interests with diligence and professionalism. We are committed to achieving the best possible outcome for our clients, ensuring that their safety and rights are protected.

Support in Family Law Matters

Family violence can have a significant impact on family law matters, such as parenting arrangements and property settlements. Our lawyers provide personalised support and representation in these areas, ensuring that the presence of family violence is appropriately considered in legal proceedings.

Mediation and Dispute Resolution

In cases where mediation is appropriate, our lawyers are skilled negotiators who can facilitate discussions to achieve fair and equitable outcomes. We prioritise the safety and well-being of our clients, ensuring that any agreements reached are in their best interests.

Key Takeaways

Addressing family violence requires a compassionate and informed approach. At Dojo Legal Australia, our experienced lawyers are dedicated to providing the support and expertise you need to navigate these challenging situations. Contact us today to learn how we can assist you in your family law matters.

Do you have additional questions regarding Family Violence or Family Law matter? Please feel free to contact us by email at admin@dojolegal.com.au, or by phone on +61 02 9138 0688 to arrange a consultation with our experienced family lawyers.

Resources

• Crimes (Domestic and Personal Violence) Act 2007 (NSW)

• Family Law Act 1975 (Cth)