Domestic violence is sadly all too common in Australia, affecting many people in different ways. It refers to any behaviour that is harmful or controlling and can take various forms. This includes physical abuse, sexual abuse, emotional or psychological abuse and financial control. It also covers threatening or coercive actions that cause someone to feel afraid for their safety. Whether it's through direct harm or creating an environment of fear and intimidation, domestic violence can have a serious and lasting impact on individuals and families across the country.
Seek legal help
The first step for survivors of domestic violence is to seek legal help from a family lawyer who has expertise in assisting people experiencing family violence. At Eliza Legal, we are committed to providing compassionate and effective legal support to individuals experiencing family violence. We take a trauma-informed approach to handling family violence cases and provide the necessary legal advice and representation to ensure your safety and help you move forward with confidence.
Frequently Asked Questions
Can my former partner see our children? This varies depending on the circumstances, with the child's welfare being the primary concern in any legal decision. Recent family law changes prioritise the child’s best interests, looking at factors like their happiness, safety, health, and emotional wellbeing. The court also considers the child's wishes based on their maturity, the importance of maintaining safe family relationships and meeting any cultural or unique needs. Ultimately, the goal is to ensure the child’s overall wellbeing is fully supported.
Can we go straight to the court?
In some cases, going straight to court may be necessary, especially if there are urgent matters such as family violence or if there are urgent issues that require immediate attention. However, for the majority of family law disputes, mediation is typically the first step. Mediation is a more cost-effective and efficient way to resolve issues, allowing both parties to negotiate and come to an agreement without the stress and expense of court proceedings. It encourages open communication and often leads to quicker resolutions, making it a preferred option before considering going to court.
What is an intervention order, and how can it help?
An intervention order is a court order designed to protect individuals from threats, violence, harassment, or abusive behavior. It is commonly used in situations where someone feels unsafe due to the actions of another person, such as a former partner. The order sets strict conditions that the other person must follow, which can include prohibiting them from contacting you, approaching your home or workplace, or engaging in any abusive or threatening behaviour. By obtaining an intervention order, you can create a legal barrier that helps safeguard your safety and provides peace of mind, ensuring that any breach of the order can result in legal consequences for the other party.
Are there any time limits I should be aware of? Yes, there are important time limits to keep in mind. If you were in a de facto relationship, you have two years from the date of your final separation to file applications in court for property settlement or spousal maintenance. If you were married, you have 12 months from the date your divorce is finalised to file for property settlement. Additionally, divorce applications can only be filed after 12 months have passed since your final separation.
Our legal services
- Initial consultation: We offer a confidential consultation to understand your situation, provide immediate advice, and discuss the best course of action.
- Safety planning: We work with you to develop a safety plan that addresses your immediate and long-term needs, ensuring your security and well-being.
- Ongoing legal support: We provide comprehensive legal support throughout the process, including family law matters related to separation, divorce, and parenting arrangements that may arise from the situation.
You don’t have to do this on your own. Here at Eliza Legal, we are experienced in advising on matters that relate to family violence.
Seek Support
If you are experiencing family violence or coercive control, it is important to seek help. The following organisations offer support and guidance:
1800RESPECT (National Sexual Assault, Domestic Family Violence Counselling Service): 24/7 support via phone or online chat.
Phone: 1800 737 732
Website: www.1800respect.org.au
Safe Steps (Family Violence Response Centre): Provides support for people experiencing family violence in Victoria.
Phone: 1800 015 188
Website: www.safesteps.org.au
MensLine Australia: Support for men who are victims of family violence or experiencing emotional distress.
Phone: 1300 789 978
Website: www.mensline.org.au
Respect: Provides information on coercive control and other forms of family violence, including support options.
Website: www.respect.gov.au
Magistrates Court of Victoria: Provides information about Family Violence Intervention Orders.
Website: www.mcv.vic.gov.au/intervention-orders
Guiding you to a better future
Here at Eliza Legal, we are experienced in advising on matters that relate to coercive control and family violence. Our experienced lawyers will work with you to minimise the impact of family violence on you, your children and other family members by offering advice and guidance through the end of a relationship.
Eliza Legal is a leading family law firm based on the Mornington Peninsula, dedicated to providing tailored legal services with compassion and integrity. Contact us today and let’s see if we’re a good fit! We’d love to help you.
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