If separation is a possibility or of it has occurred, seeking professional family law advice is essential.
Seeking assistance and guidance on property settlement, child custody rights and maintenance are some issues that need to be addressed. This is particularly the case where one party (or both) have been exposed to Domestic or Family Violence.
Our specialist family lawyers at Matthews Folbigg are able to assist you.
What is Family Violence?
The Family Law Act defines Family Violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful”.
The legislation also states that “a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence”.
What are some examples of Family Violence?
- Sexual assault or other sexually abusive behaviour;
- Repeated derogatory taunts;
- Intentionally damaging or destroying property;
- Intentionally causing death or injury to an animal;
- Unreasonably denying the family member the financial autonomy that he or she would otherwise have had;
- Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child;
- Preventing the family member from making or keeping connections with his or her family, friends or culture;
- Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.
How is Domestic/ Family Violence relevant to a family law matter?
Violence may be relevant to your parenting and property matter.
In terms of parenting, there is a presumption that each parent is to have equal shared parental responsibility for each of their children. However, this presumption can be displaced in circumstances where there has been Family Violence. In addition, when a Court considers what orders to make about the amount of time a child is to spend with either parent, the Court considers various factors including whether there is any Family Violence order in place. This is discussed below.
With respect to property matters, it is open to either party to argue that their property settlement entitlements should be higher than usual due to them being subjected to Domestic Violence throughout their relationship.
Family Violence Orders
In many family law matters, the parties are also involved in Local Court proceedings with respect to what is commonly known as an AVO, ADVO or APVO.
These orders impact on family law matters and therefore defending these applications is essential.
How can we help you?
Matthews Folbigg divorce lawyers specialise in matters that concern Domestic or Family Violence.
We have a team of solicitors including accredited specialists in family law who may provide succinct legal advice to you in a cost efficient manner.
REQUEST A CALL BACK
We serve all of the legal needs of individuals, government and businesses, regardless of their complexity, throughout all of Sydney and beyond.
We are industry leaders, and we never lose sight of the outcome that you want. We guide you through the legal process to achieve that outcome.
Our growth and our success, comes from the growth and success of our clients.