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Family Law & Family Violence

Family Violence is a serious social issue that affects the health and well-being of parents, children and families throughout Australia, permeating all demographics.

No person should be expected to remain in a relationship where they are subjected to family violence (domestic violence). You do have rights and there are many agencies available to support you.

For many years, the focus has been on protecting women and children from circumstances of family violence. Whilst the research tells us that women and children are more likely to be the victim of family violence, it is important to remember that men are sometimes the victims of family violence too.

Family violence is often a significant and relevant issue when it comes to Family Court proceedings in relation to both property settlement and parenting matters.

In some circumstances it may be necessary/appropriate to seek protection through the implementation of a Family Violence Order (in the Family Court) or a Family Violence Restraining Order (in the Magistrates Court) for the purpose of protecting yourself and/or your children.

Our professional team can provide you with specific advice and guidance regarding the best way to address your particular circumstances, so that you are protected but not necessarily involved in litigation in multiple Courts.

Section 4AB of the Family Law Act (1975) defines family violence as:

“…violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member) or cause the family member to be fearful.

Some examples of behaviour that may constitute family violence include (but are not limited to):

  • An assault;
  • A sexual assault or other sexually abusive behaviour;
  • Stalking;
  • Repeated derogatory taunts;
  • Intentionally damaging or destroying property;
  • Intentionally causing death or injury to an animal;
  • Unreasonably denying the family member the financial autonomy that he or she would otherwise have had;
  • Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her children, at a time when the family member is entirely or predominantly dependent on the person for financial support;
  • Preventing the family member from making or keeping connection with his or her family, friends, or culture;
  • Unlawfully depriving the family member or any member of the family member’s family or his or her liberty.”

Our experienced professional team at Dimond Family Lawyers can help you cope with your specific circumstances through sound legal advice, referral to psychological and other professionals if necessary, and helping you to establish arrangements that are safe for you and your family.

You can speak with us in the knowledge you are safe and the information supplied is in the strictest of confidence. We can help you with effective strategies to manage the progress of your matter to ensure the safety of you and your children, whilst also finalising the dispute between you and your ex-spouse.

If you want to make change speak to one of our experienced and friendly team today: Call 9443 1111

Helpful Contacts

Department for Child Protection and Family Support
Domestic Violence Helplines

Women’s Domestic Violence Helpline
Telephone (08) 9223 1188  or Free call 1800 007 339

Men’s Domestic Violence Helpline
Telephone (08) 9223 1199 or Free call 1800 000 599

Lifeline – Crisis Support, Suicide Prevention
Telephone 13 11 14

In an emergency – if someone is in immediate danger – call the police on 000 now.

Call us today on 9443 1111 and
let us help you change tomorrow.