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Copyright By @ Thexton Lawyers
Domestic Violence” is alleged against people of all walks of life and it does not discriminate between rich or poor, uneducated or educated people.

It is also common that people who are involved with allegations or criminal charges involving domestic violence cannot do not anything to change the circumstance to either prosecute or withdraw the matters – we are here to advise you this is not true and you are able to have a say in terms of whether the allegations are proceeded with or not and/or to contest criminal charges involving domestic violence.

A resolution of domestic violence allegations can save a marriage or relationship and make a real difference in terms of the future care of children.

1. One in three women have experienced physical and or sexual violence perpetrated by someone know to them.

2. Domestic and family violence is the principal cause of homelessness for women and their children.

3. Indigenous women and girls are 35 times more likely than the wider female population to be hospitalised due to family violence.

4. In Australia, one in four children are exposed to domestic violence.

5. 2 in 5 assaults reported to police in 2016 were family or domestic violence- related.

6. 1 in 3 victims of sexual assault that reported to police were assaulted by an intimate partner or family member in 2016.

7. A woman killed by her partner is most likely to be killed in her home.

8. Women who have experienced intimate partner violence face hiher health costs.

9. Intimate partner violence is the leading contributor to death, disability and ill-health in Australian women aged 15-44.

10.Statistics indicate the rate of domestic violence is higher in rural and regional areas.

11. Exposure to domestic violence is a recognised form of child abuse.

12. Childhood exposure to intimate partner violence increases a child’s risk of developing mental health, behavioural and learning difficulties.

13. Domestic violence reduces an employee’s ability to perform tasks in the workplace.

14. Violence against women is estimated to cost the Australian economy $21.7 billion a year.

The orders below may be made in any circumstance where the court is making an AVO

• The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s);

• The defendant must not reside at the premises at which the protected person(s) may from time to time reside or work, or other premises:(Home/premises).

Despite what Police, Prosecutors or even your own lawyer in many instances may advise you it is possible to contest a Domestic Violence Order and get it withdrawn or dismissed by the court.

The application will be filed by you and we will help you and solve the problem which you are facing. We will give you the right advice to how to start the application. This application will start the divorce matter in domestic violence.
The orders below are discretionary orders.

• The defendant must not enter the premises at which the protected person(s) may from time to time reside or work, or other specified premises:(Home/work/premises);

• The defendant must not go within of the premises at which the protected person(s) may from time to time reside or work, or other specified premises:(Home/work/premises);

• The defendant must not approach, contact or telephone the protected person(s) except as agreed in writing or for the purpose permitted by an order or directions under the Family Law Act 1975, as to counselling, conciliation, or mediation. The defendant must not approach, contact or telephone the protected person(s) except for the purpose of arranging or exercising access to children as agreed in writing or as otherwise authorized by an order, or a registered parenting plan under the Family Law Act 1975;

• The defendant must not contact the protected person(s) by any means (including through a third person) except through the defendant’s legal representative;

• The defendant must surrender all firearms and related licenses to Police;

• The defendant must not approach the school or other premises at which the protected person(s) may from time to time attend for the purposes f education or child care or other specified premises:(school/child care/other);

• The defendant must not approach the protected person(s) within twelve (12) hours of consuming intoxicating liquor or drugs;

• The defendant must not destroy or deliberately damage or interfere with the property of the protected person(s);

• That the court extend the operation of the orders to include the following person(s) with whom the protected person has a domestic relationship;

• Other orders.

Apprehended Violence Orders (AVOs) can be made by consent and without any admission of wrongdoing. This can avoid the need for the matter to proceed to a hearing before the court. This can be a cost-effective way for parties to resolve a dispute where fear of domestic violence or abuse is an issue.

In other cases, a full hearing of evidence may be necessary to prove the need for an order to be made. The making of an Apprehended Domestic Violence Order does not necessarily mean the end of a relationship. In the majority of cases where courts make domestic violence orders, the parties intend to continue living in the same house, but with some protection in place.

Under the Family Law Act 1975 there is a presumption that both parents will be involved in making decisions about major long-term issues concerning their children. Major long-term issues include things such as health, education and religion.

In circumstances where there has been domestic violence, or family violence, as it is often referred to, no such presumption applies. It is far more likely that a parent who is seeking sole decision-making power about major long-term issues is more likely to be awarded that power by the Court in circumstances where there has been family violence because the presumption of equal shared parental responsibility no longer applies. Ultimately the Court must take a decision in relation parental responsibility, which it considers to be consistent with the child’s best interests.

There is a requirement on parties to a family law dispute to engage in what is described as pre-action procedures in an attempt to limit the issues in dispute. In parenting cases this extends to a requirement to attempt to mediate the dispute using the services of a qualified family dispute resolution practitioner. In circumstances where there has been family violence the requirement to obtain a certificate from a family dispute resolution practitioner before going to Court is waived. In other words, there is no requirement to mediate where you are able to satisfy the Court that has been family violence.

Property settlements are determined by the Court by considering the contributions and needs of each of the parties to the relationship (for a full explanation of the process please refer to the article titled “THE FOUR STEP PROCESS”

In cases involving domestic violence there is authority for the Court finding that contributions made by a party while suffering domestic violence, particularly ongoing and severe domestic violence, are to be considered more valuable because of the arduous circumstances in which they were made. Accordingly, additional weight given to those contributions if a factor taken into account by the Court in the overall property settlement.