Domestic Violence

Victims of Domestic Violence

If you are a victim of physical, emotional, financial or sexual abuse or you feel someone controls, harasses or dominates you in a way you fear for your safety or wellbeing, you are in need of protection.

Domestic violence may stem from an intimate relationship, family relationship or an informal care relationship, which will be broken down below.

Ramsden Lawyers can help you apply to the Magistrates Court for a Protection Order to stop the abuse.

The Domestic Violence and Family Violence Act 2012 defines domestic violence as when someone:

  • Is physically or sexually abusive;
  • Is emotionally or psychologically abusive;
  • Is economically abusive;
  • Is threatening;
  • Is coercive; or
  • Is in any way controlling or dominating that causes you to fear for your safety or wellbeing.

You can apply for a Protection Order if you have a relevant relationship with the abuser.

A relevant relationship is defined as:

  1. Intimate Personal Relationship
  • An intimate personal relationship is characterised by relationships such as:
    • De facto;
    • Former spouse;
    • Engagement relationship;
    • Married; and
    • Parent of a shared child.
  1. Family Relationship
  • The definition for a family relationship is quite broad and traditionally means those who are related by blood, marriage or who are former relatives. This definition can expand to mean those who may be ‘regarded’ as relatives in other cultures.
  1. Informal care relationship
    • An informal care relationship is when one person is dependant upon the other for daily living needs (i.e. dressing, preparing meals and shopping) and does not include a parent / child relationship or a commercial arrangement such as a nurse.

Orders can be made on a non-urgent or urgent basis depending on the risk you are exposed to. We can assess which type of application is suitable for you.

Once the Magistrates Court has ordered you a Protection Order, this will put specific limits on the behaviour of the person who is being violent towards you. Examples can include that they are not allowed to be within a certain distance of you or cannot contact you and or anyone else mentioned on the orders. Once an order has been made, it is illegal for them to breach the order. In addition, the orders automatically make it an offence for the respondent to possess a weapon or a weapon license.

If you believe that the above applies to you or you need further assistance understanding the laws behind domestic violence, please contact our family lawyers today for a free initial consultation.

Responding to a Protection Order

If you have been served as a respondent to an application for a Protection Order there will be specific terms and requirements you will need to follow.

Failure to adhere to these requirements and / or attend the Magistrates Court may either see:

  • A Protection Order made against you without notice to you or your consent; or
  • Failure to adhere to the terms of a Protection Order may see you criminally charged for a breach of the order.

At Ramsden Lawyers we can assist you in understanding these terms and work with you to either agree to the terms in the most beneficial way to you or in the event you do not agree, we can assist you to oppose the application made against you. If you wish to oppose the application, the matter will be set down for a final hearing whereby a Magistrate will determine an outcome.

We strongly suggest that if you have been named on an application for a Protection Order that you speak with our family law team.

Breaching a Protection Order is a criminal offence and the consequences which can follow from these orders can impact on any upcoming parenting or property matters which are often linked to the separation with your partner.

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Email: enquiries@ramsdenlaw.com.au
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