Many cases before the Familial Law Courts involve family violence. The Australian Family Court (AFC) with the Federal Circuit Court is extremely serious when you are talking about family violence. Domestic and familial violence affects the entire family, including children, and can affect the whole community. For many people, understanding what constitutes family violence and how to protect yourself and your loved ones can be difficult to comprehend.That is why families who experience violence should have their family lawyers from family law firms perth to ensure the protection and safety of their families.
Read on to learn more about domestic and familial violence and what protection orders you may get from the Magistrates Court.
What is Family And Domestic Violence?
Domestic and family violence (DFV) is not usually violent. DFV is frequently identified as a persistent pattern of behaviour by a person in a relationship intended at controlling another person, and this control can take many forms. DFV instances include:
Stalking and Surveillance
This includes following you, stopping by your house or job regularly to “check-up” on you, and lurking outside your home or business.
Psychological and Emotional Abuse
This involves constantly criticising and insulting. This behaviour aimed at eroding your emotions of self-worth. It might also include coercive tactics to keep you under control, such as the use of blackmail.
This involves any undesired sexual activity, such as forcing you to engage in sexual activity or purposefully inflicting pain during sexual intercourse.
Physical abuse is defined as actual or threatened physical contact, such as striking, punching, or shoving. It may also involve actions like trashing property or hitting walls, even if there is no physical harm done as a result.
Controlling your expenses, withholding your wages, restricting access to shared bank accounts, and prohibiting you from working or continuing your education are examples of such behaviour.
It is a list of relatively common cases of DFV and is not intended to be an exhaustive list. To evaluate whether a particular behaviour is DFV, you must examine your circumstances and your family relationships. If you face any of the abuses mentioned above, you should contact your family lawyers for assistance.
What is a DV Order?
A Domestic Violence Order is a court-issued protection order intended to prevent threats or acts of domestic violence from occurring. Family Law Firms Perth can help you get your family lawyers, and they can protect your family.
Domestic Violence Organizer (DVO) identifies the aggrieved person(s), which are those who have been victims of domestic violence. It also mentions the perpetrator of the violence as the responder.
It is accomplished by prohibiting the respondent from committing more acts of family violence on behalf of the aggrieved. Other limitations placed on the respondent may be included in the DVO, including prohibitions on the respondent from engaging in the following activities:
- approaching you or reaching a specific distance from your house or office
- contacting family or friends
- visiting a child’s school or daycare centre
- in any manner contacting you (including by phone or social media).
Two Types of Domestic Violence Order
Depending on your case, the court may issue the following DVO’s:
- Protection Order
- Temporary Protection Order
Suppose you are in immediate need of protection. In that case, you can obtain a Temporary Protection Order (TPO) through your family lawyers, which will be considered by the court when you file your application for protection. Protection orders are issued by the court to safeguard persons in imminent danger until the court can decide whether or not to give a final protection order at the final hearing.
Final hearings are held, at which time a judge reviews all of the evidence in light of the facts and circumstances of the alleged offence, hears any cross-examination of parties, and then makes a final decision on the application. If the court determines that the circumstances merit the imposition of a DVO, the court may order the enforcement of a Protection Order. A Protection Order is issued for at least five years in most cases. However, the court can give less time if it determines that it is appropriate to do so. In any situation, if the circumstances of the case warrant it, the court may extend the duration of the order until further notice.
A guarantee of safety comes from dedicated Family Lawyers from Family Law Firms Perth. They are committed to defending your family and giving you the legal protection and security you deserve. They are the ones who ensure that you will not be subjected to the same mistreatment in the future by pursuing justice on your behalf via the legal system.
However, before you hire a lawyer or law firm, make sure to check their credibility first, as well as the cases and success rate that they have in their records.This can make you feel more secure and you may have your own peace of mind knowing that you’re in good hands.