Domestic Violence Lawyers Perth

It is estimated that, almost ten women are admitted to hospital every day because of injuries inflicted by a spouse or a partner and that 15% of men have experienced some form of domestic violence. The Australian legal system takes a strong stance against domestic or family violence.

If you are affected by domestic violence, your safety is paramount. We understand that it is extremely difficult to remove yourself from the perpetrator. Please do not hesitate to contact us for assistance in ensuring that you are well-protected and fully prepared when you take the first step to ending the relationship.

Our Lawyers are experienced in assisting with domestic violence cases and will help support you through this difficult time.

Domestic Violence Law Perth

Domestic violence can take many forms, such as:

  • physical violence;
  • Sexual abuse;
  • financial control;
  • emotional abuse;
  • Psychological abuse;
  • Controlling behaviour; and
  • Cohersion.

Many who suffer from domestic violence often are not aware that the behaviours of their partner are abusive. Unfortunately, this can often result in the victim remaining in an abusive relationship. To ensure that when you leave the relationship you are protected against further harm from your former partner, please contact our experienced Family Law Team so that we can support you and help you stay safe.

The law around domestic violence has been greatly expanded in recent years to include all behaviours which are violent, threatening, or where a person does anything that controls, compels the family member(s) or makes them fearful. Behaviours which are considered domestic violence can be just some of the following:

  • Physical assault;
  • Sexual assault or sexually abusive behaviour;
  • Stalking;
  • Stopping the family member from making or keeping links with their family, friends or culture;
  • Unlawfully withholding the liberty of the family member or any member of the family member’s family;
  • Frequent offensive taunts;
  • Deliberately damaging or destroying property;
  • Intentionally causing death or harm to an animal;
  • Denying a family member financial independence;
  • Unreasonably suppressing or withholding financial support required for the living expenses of a dependent family member or child.

The court will also consider a child to have suffered from domestic violence if they have been exposed to or witnessed any such behaviours. In addition, the Court will consider a child to have suffered from domestic violence if they had to:

  • Overhear threats by a member of their family towards another member;
  • Perceive or hear an assault of a member of the child’s family by another member;
  • Provide comforting or assistance to a member of the child’s family who another member of the same family has assaulted;
  • Clean up after a member of the child’s family has intentionally damaged the property of another member; or
  • Be present when police or ambulance officers attend an incident involving the assault of a member of the child’s family.

Domestic violence is a serious allegation and it is important to seek the appropriate legal advice and services to ensure your protection and safety.
Please contact our experienced team of Family Lawyers to discuss how to dela with any situation of domestic violence and protect yourself and any children you may have.

Family Violence Restraining Order

You may obtain a Family Violence Restraining Order (FVRO) or Violence Restraining Order (VRO) to prevent the abuser from being in the vicinity of or communicating with you, your children, or other persons mentioned on the FVRO. The FVRO is a legally binding Restraining Order which can have severe consequences if breached by the abuser.

Please contact our experienced team of Family Lawyers to discuss how to obtain a FVRO, or if an FVRO has been made against you, help ensure that you are not in breach.

Family Violence and Property Settlements

Generally, domestic violence is not considered by the Court during property settlement proceedings. However in some cases, violent behaviour that has adversely affected the contribution of a party in a relationship can be considered in property settlement proceedings. For example, any violent action from a partner that has resulted in the inability of the victim to work or perform other activities can provide the victim with a larger portion of the property.

If the violent behaviours have resulted in the decrease of the value or destruction of the property, the Court may make appropriate adjustments during property settlement proceedings. It is difficult to rely on violent behaviour when dealing with property settlement and it is important that you receive appropriate legal advice.

How Can Family Lawyers Help You In A Domestic Violence Case?

The first step is always to identify to yourself that what you have suffered is domestic violence. It can be extremely difficult to leave an abusive partner especially if the domestic violence has been occurring for a lengthy period of time.

Our experienced team of best Family Lawyers Perth can help you as you take the steps towards ending the relationship. We will help support you and help ensure that you are able to protect yourself immediately after separation and in future. While it is not common, unfortunately, there are also instances where false allegations of domestic violence are made. If a false allegation has been made against you, we can assist you in disputing these untrue allegations. Should you require any assistance or have any queries, do not hesitate to contact us and our experienced team of Family Lawyers.

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Frequently Asked Questions

As the victim of domestic violence, your rights include being treated with respect, compassion, and courtesy, and they will be informed about all the services and remedies. Other rights are that the victims have access to all services, such as welfare, counselling, and legal assistance.

Yes, a man can become a victim of domestic violence. Around 1 out 16 men experience domestic violence in the hands of their male or female partner. Apart from that, about 50% of such cases involve family members, including a stepfather or biological parents. 

When you wish to handle domestic violence legally, you must contact domestic violence or family lawyers for the job. They are well-versed in the area and will provide you with the guidance and assistance you require when it comes to filing a domestic violence case. They will fight on behalf of you and make sure you receive your rights.

Domestic violence and family law solicitors can easily solve issues related to domestic violence. They help you file a lawsuit against your abuser and ensure you receive full support from their side. They have experience, knowledge and understanding within this particular area of the law and help you during such matters.

Women in Australia are protected under the Domestic and Family Violence Protection Act of 2021. Women who have been a victim of domestic violence for been in a de facto married registered relationship will receive absolute protection. This law is also applied to women who are engaged and dating.

In short, yes, they can. If the man has been constantly abused, physically, verbally, sexually and verbally by his wife, they have the full right to file a lawsuit against their spouse. They need proper guidance and the help of an excellent attorney to proceed with the case.

There are many questions, which defence lawyers ask a victim of domestic violence. Some of them are:

• They will ask you questions about the evidence you have provided. 
• The lawyers will ask you to provide complete detail on how you became a domestic or family violence victim. 

To file for a domestic violence case, you first need to contact the police and obtain the necessary protection. After that, you must gather all the information and documents and consult with a good lawyer to file a lawsuit against your abuser.

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