Domestic Violence

Irrespective whether couples are married or in a de facto relationship all children's matters fall under the Family Law Act.  

State and territory laws are relevant when dealing with AVOs for various criminal charges which apply in circumstances involving either child abuse or domestic violence.  The current changes do not tolerate domestic violence or child abuse in any circumstances. Protection from harm is a fundamental principal which the courts take into consideration when dealing with what is in the best interests of the child. Family violence includes actions or threats or witnessing actions or threats by a person against another family member or their property.  There is zero tolerance of apprehended or actual physical violence or threats. In cases of domestic violence or abuse the court does not have to take into account equal shared parental responsibility. One of the exceptions to compulsory disputes resolution applies to cases of domestic violence or child abuse where separating parents are not required to attend disputes resolution before approaching the court on parenting matters. 

The court must act in these cases without delay considering all relevant circumstances and make appropriate orders. The courts will have greater power to penalise parties for making false statements and to require information provided to them by state and territory agencies concerning allegations of domestic violence or abuse. The system will be more intrusive and screen for violence and child abuse apart from DOCS in children's matters. Where allegations of domestic violence and abuse are made they are to be referred for investigation by state and territory agencies immediately.

You only want the best for your family. LAC Lawyers have proven experience in family law, and will help you get the outcome you want. For more information about domestic violence, call LAC today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).

Domestic Violence Articles

Criminal Law - Child Abduction

Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians. Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.

Criminal Law - Child Abuse

Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.

Family Law - The Legal Obligation of Full And Frank Disclosure

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner. Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.

Family Law - The legal rights of de facto couples versus married couples

Date: December 20, 2010
Author(s): LAC Lawyers
Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who...

Family Law - Rights v Interests: the family law experience

Date: October 07, 2010
Author(s): LAC Lawyers
When you first see your family lawyer, there’s a jumble of information you need to provide and even more information for you to receive. You’re understandably emotional and perhaps confused about what lies ahead for you.

What to expect when you call LAC Lawyers

Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.

Domestic Violence FAQs

• Family Law - Do I have to undergo pre-action procedures for the Family or Federal Magistrates’ Court?
• Family Law - My partner is very violent. What can I do to avoid him hurting me or the children?

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