Domestic Violence

An unfortunate reality is that some relationships break down as a result of domestic violence.  A further reality is that the breakdown of a relationship can sometimes act as a trigger for domestic violence, even if it there was no history of it during the relationship.
 
The definition of ‘domestic violence’ is very broad and is not limited to simply acts of physical violence. Domestic violence is defined as when a person commits any of the following acts against another person (when a domestic relationship has existed between the two persons), and it is likely that a further act will be perpetrated if an Order is not made:

• Wilful injury;
• Wilful damage to the person’s property;
• Intimidation or harassment of the other person;
• Indecent behaviour to the other person without consent; and/orThreatening to do any of the above. 

In the same way that the definition of domestic violence is broad, so too is the list of individuals against whom an order can be obtained.  These individuals can include:

• Your former spouse/de facto partner;
• A person who was living in your household;
• Your relative or a relative of your former spouse/de facto partner;
• The parent of your children;Your child(ren);A guardian of your child(ren); or
• A child who would ordinarily live in your household. 

It is also possible to have a number of ‘named persons’ on a protection order such as any children who are living with you and whom you wish to be covered under the Order.
 
Protection Orders can be brought by the Police, or by any individual who feels they have been the victim of domestic violence, and who fears that there will be a further incidence of domestic violence.  If you, or someone you know, has been the victim of domestic violence it is vital that action is taken as soon as possible
 
Our firm is able to assist parties in obtaining a Protection Order including representation in Court.
 
Our firm is also able to advise parties when a Protection Order, or Protection Order application, is brought against them.  It is very important to recognise that the making of a Protection Order can adversely affect some individuals in numerous ways, including in their employment, and it is for this reason that we encourage anyone who has been served with a Protection Order Application to seek legal advice as soon as possible.