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September 2015 ยป Family Violence And The Family Court

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Family Violence And The Family Court

Almost 30,000 instances of domestic violence were reported in New South Wales between January and December 2014. Although the majority of cases that go through the family violence court involve aggression from a male directed at a woman this is by no means always the case. Family violence can take many forms and directly or indirectly cause severe physical or emotional damage to another person, be they adults or children. By recognising the signs early you can seek help and take steps to stop family violence in its tracks.

What is family violence?

Family violence is defined as behaviour that is violent or threatening, coerces or controls another family member or causes them to be fearful. There are many different types of violence and not all are physical. Some examples of behaviour that constitutes family violence are:

  • An assault.
  • A sexual assault or other sexually abusive behaviour.
  • Stalking.
  • Repeated derogatory taunts.
  • Intentionally damaging property.
  • Unreasonably controlling or denying a family member access to finances or financial support.
  • Depriving a family member of their liberty.

A child may also be exposed if they see or hear family violence or experience the effect of family violence.

Family violence in family law is defined as:

  • A family member doing something or threatening to do something to another member of their family.
  • A family member doing or threatening to do something to the other family member’s property that makes the other family member (or someone else in the family) worried or fearful for their safety.

What can I do if I experience family violence?

If you are experiencing family violence it is important that you move yourself and any children from that environment and to a safe place. Get in contact with support services who will be able to offer you help and protection.

I have an Apprehended Violence Order against my former partner. Do I need to tell the Family Court?

Yes, you should tell the Family Court if you have an apprehended domestic violence order (ADVO), against your former partner, or which involves your children or any other person who is part of your Family Court case.

The Court will look at any family violence involving a child or a member of the child’s family. If there is a family violence order that currently applies or has applied in the past to your family, the Court will look at:

  • The nature and circumstances of that order.
  • Any evidence that was put forward in the proceedings leading to the order.
  • Any findings that the Court made during the proceedings.
  • Anything else that the Court sees as relevant.

This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact Perry Legal for assistance on 02 4940 4602.

Posted: 1/09/2015 1:06:25 PM by Kristen Perry | with 0 comments
Filed under: Family Law

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