When things go wrong in a family relationship, the matter can very quickly become complex, especially where safety is involved. Many Australians are then asking how a domestic violence order may affect their family law case, particularly where children, property, or maintenance are involved.
- Can such an order limit parenting arrangements?
- Will it impact who stays in the family home or how property is divided?
These are questions that delve into personal matters so deeply that they can alter families’ futures. Anyone faced with separation or disputes needs to understand how domestic violence protection interacts with family law. In this article, we will outline the intersection between these areas and suggest practical avenues to secure your rights and those of your loved ones.
1. What is a Domestic Violence Order?
An intervention order, family violence order, or domestic violence order is, in essence, an order made according to the laws governing that state or territory in Australia. Such legal orders exist to prevent the risk of injury from any manner of harm, be it physical harm, emotional harm, psychological harm, or financial harm. They provide for conditions against restraint or prohibition restrictions on contact, a home, or even prohibit any communications by the respondent.
2. Why Family Law and Domestic Violence Orders Overlap
When couples separate, they often face a host of disagreements regarding the children, finances, and property. The domestic violence order can hugely manipulate these matters.
- Parenting & Custody: About parenting and custodial issues, courts prioritise safety. The order may involve supervised visits or limited or restricted contact and decision-making responsibilities.
- Property Division: As for property settlement, when one is forced out of their home for violence, the order can influence how living arrangements and contributions are treated.
- Financial Matters: Financial abuse is a form of domestic violence. Orders also affect spousal maintenance or support matters.
Practical Tips
- Seek legal advice early to avoid making mistakes that could be detrimental to your case.
- Disclose any orders to your lawyer – they must match in both cases.
- Document every detail – police reports, medical notes, text messages.
- Whatever the court orders, attendance at mediation or assessments is important.
- Seek specialised support — firms like https://www.velocitylegal.com.au/family-law/domestic-violence-lawyers with expertise in family and domestic violence law will guide you.
Final Thoughts
There is a large intersection between domestic violence protection orders and family law, and this is especially true in the area of parenting and property. Often, these define how children are going to be housed or how safe they feel living in a particular environment. Thus, navigating both areas involves careful planning and timely advice to help clients.
If you are facing this kind of dilemma or know someone who is, counsel from professionals who practice in both family and domestic violence law could be beneficial.
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