What Are The Legal Actions You Can Take When You Are Suffering From Domestic Violence?

September 9, 2019    Familylawyers
What Are The Legal Actions You Can Take When You Are Suffering From Domestic Violence?

It is normal to have arguments and disagreements between couples. When two people are in a respectful relationship they can express their opinions, make their own decisions and one of them can sometimes say no to sex. In an abusive relationship, one of the partners attempt to dominate or harm another person physically and mentally, it is said to be domestic violence. Domestic violence not only means physical abuse but also involves emotional abuse, psychological abuse, sexual abuse, verbal abuse and economic abuse. Most of the time, it is the women who suffer from domestic violence. In such cases, the whole experience can be frightening, confusing, and dangerous for the victim and her children. The main motive behind domestic violence is the fact that the abuser wants to control the other person.

The scenario in Australia

It is prevalent in all geographic areas of Australia within all socioeconomic and cultural groups. In fact, it is more widespread than it is thought. It mostly affects certain groups such as the indigenous communities and regional and rural Australia. Although in most cases, domestic violence is not reported and that is why it is difficult to measure it.

Every 2 minutes, the Australian police have to deal with domestic violence. Some groups are more vulnerable to domestic violence. These are Aboriginal and Torres Strait Islander women, pregnant women, young women, women with disabilities, women undergoing financial challenges and women and men who have experienced or witnessed domestic violence as a child. Following are some of the latest facts and figures about domestic violence on women.

  • In a week, on an average one woman is murdered by her present or ex-partner
  • The figures indicate the prevalence and severity of domestic violence, emotional abuse and murder against women in Australia.
  • Since the age of 15, 1 in 4 women have suffered emotional abuse by current or ex-partner
  • Since the age of 16, 1 in 5 women have experienced sexual abuse
  • About 85% of Australia women have been abused sexually
  • When temporarily separated, about 40% of women have continued to experience violence

Actions taken by Australian Government

The Australian Government is firm about not accepting and not tolerating domestic violence. It is committed to take action for preventing domestic violence and abuse and improve protections to the victims offered through family law system. The family violence law deals with domestic and family violence, child protection law, family law and offers services to victims who need help and update them about their legal rights. The Women’s Economic Security Package which was announced by the government on 20 November 2018, the government is investing $98.4 million from 2019-2020 for services under family law. This package is meant to support victims to recover financially following a separation.

Legal actions for domestic violence

It is possible to know your legal rights through family lawyers Perth, so that you can exercise them because all states have laws to protect you against various forms of domestic violence.

  • Report the incident to the police
  • Get on the spot safety order for 72 hours
  • If necessary also apply for VRO (Violence Restraining Order) that will provide protection for the next two years. This is a special order made by the court to protect someone from family violence. Restraining order is also known as Interventional Order.
  • Request an urgent order from the court if you are an eligible applicant for protecting a child who has suffered or has chances of suffering physical or psychological harm from one or both parents.
  • Get an ADVO (Apprehended Domestic Violence Order)
  • Consult an expert for child custody, children’s arrangement and property settlement
  • Get Victims Support and sort out issues with Community Services
  • Seek legal advice for separation
  • Criminal prosecution against abusive partner, spouse or any other family member
  • Filing a domestic violence lawsuit to get financial compensation for domestic violence injuries suffered
  • File a divorce

Filing A Domestic Violence lawsuit

If you have experienced domestic violence you can file a lawsuit against your abuser in civil court. Usually victims of domestic violence are robbed of their emotions, finances and resources. Claiming a compensation with the assistance of family law lawyers would probably give you a sense of relief. The damages they may get are lost wages, medical expenses, pain and suffering and punitive damages (where available). You need to consult family law solicitors to understand whether the monetary damage will help you to establish a life without the abuser or family member. However, one should remember that filing a lawsuit against a family member can be stressful, as it is a question of severing ties. You may also find it difficult to report to the police or take them to court but when you think about your condition, you will be ready to take actions. However, filing a litigation may prove to be expensive and the court may force the abuser to bear the expenses. This may serve as closure and you will leave the past behind and make a fresh beginning.

The role of family lawyers

If you are suffering from domestic violence, it is important to consult family law solicitors at the earliest. The experienced and professional lawyers will help you to achieve a positive outcome as quickly as possible at an affordable fee. They help victims to understand the legal problem and the options that are available. They represent and support you during the proceedings and plan your safety at home and court. The lawyers will interact with the Police, Housing and Victims Services. If you need to provide any evidence, the domestic violence lawyers will support you.

The family lawyers take the issues of domestic violence seriously and are able to provide services to their clients in all areas. They provide legal advice and represent their clients regarding family law issues. They aim to provide meaningful and effective solutions and also personalized services to clients. The lawyers not only have the resources to fulfil your legal needs but also your physical and psychological requirements.

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