Family And Domestic Violence

Unfortunately, no social class is immune from Family and Domestic Violence. There have been recent changes to the Acts which govern Family and Domestic Violence, both at the State and Commonwealth level.

In the event that you have either been a victim of domestic violence or have been served with an application for a Protection Order, representation at Court and advice on the serious ramifications on the making of an Order is necessary and may impact greatly on your work and any possible Family Law or children’s matters applications.

An application for a Protection Order is made through the Magistrates Court. For females seeking an application for a Domestic Violence Order, assistance can be sought through the Domestic Violence Centre at the Courthouse. For men who are seeking an application for a Domestic Violence Order, Centrecare is able to offer assistance for those applicants.

In extreme circumstances if the Police are called to a domestic violence incident, the Police may make the application on behalf of the aggrieved spouse.

In circumstances of urgency, the Court will give consideration to a Temporary Protection Order, even if the other spouse or partner has not been served.

With recent changes to the law, the definition of domestic violence has been widened and goes as far as to provide examples including:

  • following a person when the person is out in public including by vehicle or on foot.
  • Brepeatabley contacting a person by telephone, SMS message, email, or social networking site without the persons consent.
  • remaining outside a person’s residence or place of work.
  • repeated derogatory taunts, including racial taunts.
  • threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent.
  • threatening to withhold a person’s medication.
  • a child overhearing threats of physical abuse.
  • a child comforting or providing assistance to a person also has been physically abused.
  • a child cleaning up a site after property has been damaged.