FAMILY VIOLENCE AND INTERVENTION ORDERS
Family violence is very broadly defined and includes physical, sexual, emotional, psychological, verbal and financial abuse and property damage. The law generally considers that children have been subjected to family violence if they hear, see or are around family violence in any way.
Both the Family Court and the State Courts take family violence very seriously. Allegations of family violence usually impact on parenting matters as a result of the Family Courts’ paramount concern to ensure that children are not exposed to an unacceptable risk of harm. Similarly, findings of family violence can be relevant to property proceedings and can impact on both short-term and long-term property orders.
If you are concerned about your personal safety or the safety of your children, you should contact the police IMMEDIATELY. Where the threat is less imminent, you also have the option of obtaining the assistance of a family lawyer or attending your local Magistrates’ Court for the purpose of obtaining a family violence intervention order.
An Intervention order is a legally enforceable document that aims to provide protection to the persons named on the order – which often includes affected children. Each order will contain specific conditions to stop the named respondent from committing family violence against the persons named on the order. Whilst an intervention order is a civil matter, breaking the conditions of an intervention order is very serious and can become a criminal matter.
If an interim intervention order has been brought against you based on accusations that you claim are false – you have the legal right to defend the application before the order becomes final.
Whatever your circumstances, Rachel and the team at Cargill Family Law have the experience, knowledge and compassion to calmly guide you through the process and identify what options are available to you each step of the way.
Both the Family Court and the State Courts take family violence very seriously. Allegations of family violence usually impact on parenting matters as a result of the Family Courts’ paramount concern to ensure that children are not exposed to an unacceptable risk of harm. Similarly, findings of family violence can be relevant to property proceedings and can impact on both short-term and long-term property orders.
If you are concerned about your personal safety or the safety of your children, you should contact the police IMMEDIATELY. Where the threat is less imminent, you also have the option of obtaining the assistance of a family lawyer or attending your local Magistrates’ Court for the purpose of obtaining a family violence intervention order.
An Intervention order is a legally enforceable document that aims to provide protection to the persons named on the order – which often includes affected children. Each order will contain specific conditions to stop the named respondent from committing family violence against the persons named on the order. Whilst an intervention order is a civil matter, breaking the conditions of an intervention order is very serious and can become a criminal matter.
If an interim intervention order has been brought against you based on accusations that you claim are false – you have the legal right to defend the application before the order becomes final.
Whatever your circumstances, Rachel and the team at Cargill Family Law have the experience, knowledge and compassion to calmly guide you through the process and identify what options are available to you each step of the way.
