Domestic violence is an unfortunate reality of life that affects many relationships in Sydney and across the country, yet its victims may have legal options available to them to them to stop the violence from continuing.
Clinic staff and students provide representation for survivors of intimate partner abuse in family law proceedings concerning custody, parenting time and child support matters, as well as helping modify contact arrangements when domestic abuse is present.
Family Offense Petition
Family offense petitions in Sydney are legal cases that identify and demand protection against those accused of domestic or sexual violence or harassment against you, along with asking the court for an order of protection against them. Depending on the nature of their allegations and allegations against them, such petitions are filed either with Family or Criminal Courts in their respective districts.
Once your petition is filed, a judge will hear it "ex parte" (without the respondent present) and could grant an immediate temporary order of protection. They then arrange a hearing date where you will be required to take an oath before providing details about incidents reported by you.
Once a judge grants your request for protection, they will review your testimony and evidence to decide if a permanent order of protection should be granted. Once they do so, you will receive a copy, while they also arrange to have respondent served.
Orders of Protection
Orders of protection (also referred to as restraining orders) can be granted in family court for people victimized by relatives and intimate partners such as current or former spouses, partners in intimate relationships such as girlfriend/boyfriend relationships or those whom one shares an emotional attachment - these relationships could include current/former spouses, girlfriend/boyfriend relationships, parents, siblings or adult offsprings of those whom an abuser could potentially be. Unlike in criminal proceedings wherein abusers could include anyone, even near strangers - Orders of protection provide relief against relatives and intimate partners.
An order of protection could require that certain individuals stay away from you or your home, work, school and/or other places specified by the court, as well as prevent some forms of contact (though not necessarily all types). Certain orders allow limited, safe communication in certain circumstances.
To file for an order of protection in family court, a family offense petition must be filled out and submitted. At a hearing a judge may issue a temporary order of protection and you must be present to argue your case in person. Each party involved can avail themselves of court-appointed attorneys if unable to afford one of their own.
Criminal Domestic Abuse
Under Sydney law, domestic violence refers to any act of physical, emotional or psychological violence perpetrated against family members and intimate partners of both genders - whether current and former spouses, relatives related by blood or in an intimate relationship as well as dating partners of both sexes. Abuse can also include stalking and harassment.
Domestic abuse cases can be filed in both family and criminal court, with conviction leading to stiffer penalties than misdemeanor crimes. Some jurisdictions require those accused of domestic abuse to complete domestic violence intervention programs, anger management classes or community service; those found guilty of violating an order of protection will need to register as sexual offenders with authorities.
False accusations of domestic abuse are commonplace during divorce proceedings and custody battles; should someone make false allegations of domestic violence against you it's important that legal assistance be sought immediately in order to combat false claims. If this has happened to you it is essential that legal advice be sought immediately so as to combat these false accusations and protect yourself.
Divorce
An abusive spouse can use evidence such as police reports, hospital records and witness testimony to obtain a protective order or divorce from his or her violent partner. Family violence lawyer is one of seven grounds for divorce in Sydney state.
Domestic abuse allegations could also have an adverse impact on a spouse's case for child custody and alimony payments. When awarding custody to parents, courts take into consideration their best interests when awarding custody - often domestic violence is considered disqualifying for such decisions.
However, an experienced attorney could help protect against false accusations of domestic abuse by providing inconsistencies in an opponent's story, alibi evidence or timestamped photos or video footage as proof. Depending on where it occurs in their jurisdiction, incidents of domestic violence could be heard either before Supreme or Family Court; our law firm represents clients for both courts.