Domestic Violence

Let's bring an end to domestic violence.

Physical violence in the home and in family relationships is a serious criminal offence; it is never an acceptable response to conflict or aggravation.

Violence in the home can have an incredibly unsettling and disturbing impact on individual victims and the family as a whole. Once violence of any kind has occurred in a relationship, it quickly becomes a cycle of abuse. It is an act that should be taken seriously, with appropriate legal assistance and representation sought for the partners and children involved.
If you are experiencing, or think you might be experiencing the onset of  violence in any form, seeking legal advice and representation can work to protect you from harm. CM Lawyers are a team of expertly qualified domestic violence family law experts, who can provide you with the necessary legal advice to protect, defend, and consent to domestic violence orders.

Forms of Domestic Violence

The level and impact of domestic violence between a perpetrator and their victim are broad and far-reaching. Some of the most common types of domestic violence that a person can experience include:

• Physical Violence - behaviour such as punching, beating, slapping, shoving, and so-on that may or may not involve the use of weapons;
• Sexual Violence - any unwanted sexual behaviours, including forced sexual contact, rape, forced sexual acts on the perpetrator or others that cause pain or humiliation;
• Emotional Violence - actions that deliberately work to undermine your confidence – and humiliate, degrade and demean the individual. Emotional violence also extends to threatening comments made from the perpetrator to the victim;
• Economical Violence - when you are unable to make independent decisions about your use of money, and your partner controls your access to, and use of, money;
• Social Violence - when you are unable to make independent decisions about your own social life, and your partner controls and decides where you go, what you do, and who you choose to socialise with.

Breaking free from an abusive partner

Perhaps you’ve married your now husband or wife, only to find they have become increasingly controlling over your relationship, your finances, or your social life.

Or maybe you’ve been a part of an unhappy relationship for some time – and now look to separate from your husband, wife, or de facto partner. And just as you have the discussion with your partner about the break-up, you find they have lashed out and now threaten to harm you and your family if you ever leave.

Abuse can take many forms, and oftentimes it may seem as though there is no way to escape your abuser – especially when there are children involved. If you are in an abusive relationship of any kind with a married, or de facto partner, there are legal actions you can take to protect yourself.

How to Legally Protect Yourself Against Domestic Violence: DVOs

If you have been in a domestic relationship, you can apply for a domestic violence orders to restrict the access of an abusive partner on yourself, and/or your child or children.

Apprehended Violence Orders

Apprehended violence orders are taken out by parties that have not been in a domestic relationship and want some form of protection from the Court in relation to violent or, harassing activities from other individuals.

Apprehended Domestic Violence Orders

Apprehended domestic violence orders offer protection from physical abuse, sexual abuse, psychological and or emotional abuse, harassing or intimidating behaviour.

At CM Lawyers we can assist you in obtaining these Orders from Court and ensuring that your safety and your children’s safety is paramount.

We can also assist parties to defend a Domestic Violence Order in Court.

Apprehended Personal Violence Orders

Apprehended personal violence orders are given by the Court if there is evidence to suggest that there is physical violence damage to property, harassment, intimidation, stalking or offensive behaviour.

CM Lawyers can assist you in obtaining such Orders from your local Court, or from the local police station.

We can also assist you if you have been served with an apprehended personal violence order to ensure that the orders are not breached. If such orders are breached, we will work to ensure that the person is faced with further repercussions before the Court – including the potential for lasting criminal records as a result of an order breach.

Divorce from an Abusive Partner

The next step from filing for a violence restraining order is to take action to separate from your partner through divorce.

If you or your children have been involved in a violent or abusive relationship, divorce and separation can seem a threatening option. Rest assured, if you are the victim of an abusive relationship of any form, your partners unreasonable behaviour acts as grounds for divorce. From drug and alcohol abuse in the home, to emotional, physical or sexual abuse – your ability to live with your partner is impacted.

From parenting arrangements, to financial arrangements and property settlement, there are many elements to consider as you look to break free from an abusive partner. Help starts by understanding your entitlements and seeking legal advice to give yourself and your family the best chance at a fresh start. Working with a legal representative will ensure that you and your children have the best chance at safely separating from an abusive partner – while ensuring the safety of your finances, assets, and yours and your children’s future.

Child Custody in an Abusive Relationship

Dispute resolution matters that are affected by Domestic Violence do not need to go to Relationships Australia, and can therefore be filed in Court straight away. Divorce can seem a threatening option as you weigh up not only how your partner will react to the separation, but what will happen to your children as you work through the legal implications of divorce.

If there are children involved in your marriage or de facto relationship, begin your journey to recovery by working with an experienced family law solicitor to represent your case and the case of your children in the courts.

Get started by calling a family lawyer like CM Lawyers today. You can also fill out a confidential enquiry form and a solicitor will contact you shortly.