Publish Date: Aug 22, 2010
Domestic violence is commonly thought of as physical abuse. However, it can also include other conduct such as sexual, emotional or psychological abuse.
If you are experiencing domestic violence, you can apply to a court for an apprehended violence order, which is a restraining order placing restrictions on the conduct of the perpetrator towards you. The application can be made by:
- anyone over the age of 18;
- a parent, guardian or child welfare officer on behalf of a child;
- a police officer on behalf of any child or adult.
In most cases, an application for an apprehended violence order can be made in person at a Local Court. Sometimes an application can be made during other court proceedings, such as criminal cases. Otherwise, an application for an apprehended violence order can be made on your behalf by police upon a complaint to the police about the perpetrators conduct towards you.
In order to obtain an apprehended violence order, it is necessary to prove either that the person has already committed an act of abuse against you and is likely to do so again, or that the person is likely to act in a way that could make you fear they will commit an act of abuse. In domestic cases, the kind of behaviour that the court will consider includes:
- acts of violence, assault or injury to the person;
- property damage;
- injury to pets;
- kidnapping;
- threats;
- intimidating, offensive or emotionally abusive behaviour;
- stalking.
Before making an apprehended violence order, the court is required to consider a number of factors. The main objectives for the court involve:
- protecting people from violent behaviour;
- preventing people from behaving in a way that makes others fear for their safety; and
- protecting the welfare of children.
In addition, the court will also consider where the people involved live, the impact the order would have on the respondent and the terms of any parenting orders concerning arrangements for children.
How can an apprehended violence order protect you? The court can impose whatever measures it thinks are necessary to protect people from violent behaviour. This can include restraining someone from:
- being near the place you live or work, or any other particular place;
- coming within a certain distance of you;
- contacting you in any way, including by telephone, in writing or by text message;
- preventing you from using personal property regardless of who owns the item;
- getting anyone else to do any of the things listed above; and
- having or getting a gun or licence for a gun.
For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law.
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Australia is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention).
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Craddock Murray Neumann Lawyers
Sometimes when a mother changes her surname or remarries she wants to change her child’s surname as well. If the child’s father agrees to the change in surname, it can go ahead. However, if the father does not agree to the change in surname the mother would need to make an application in the Family Law Courts for permission to change the surname.
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Craddock Murray Neumann Lawyers
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Craddock Murray Neumann Lawyers
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Parents have a legal obligation to financially support their children. When a child’s parents have separated, or have never lived with one another, they are entitled to pursue arrangements for their child’s financial support. Most often the parent with the primary care of a child will initiate the process to seek child support from the other parent.
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Craddock Murray Neumann Lawyers
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If you are in dispute with your partner regarding the care arrangements for your child you are required, by law to engage in what is called Alternative Dispute Resolution.
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A n agreement between the Commonwealth and States and Territories to administer and improve intercountry adoption in Australia exists.
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The new child support formula is part of the overhaul of the Child Support Scheme implemented a few years ago.
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Craddock Murray Neumann Lawyers
Upon the breakdown of a marriage one of the issues that needs to be addressed is a financial settlement. This involves dividing the assets, liabilities and superannuation of the parties whereby each party is allocated their share of the net assets, with the end result that none of the assets and liabilities are held in joint names.
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Domestic violence is commonly thought of as physical abuse. However, it can also include other conduct such as sexual, emotional or psychological abuse.
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In 2006 significant amendments were made to the Family Law Act dealing with children’s issues after the separation of parents.
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Parties may also be entitled to a stamp duty exemption if the Court makes Orders requiring a transfer of property.
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Craddock Murray Neumann Lawyers
Surrogacy is an arrangement whereby a couple wishing to have a child (“the intending parents”) commission a woman, whether partnered or otherwise (“the surrogate mother”) , to conceive the child and then surrender the child to the intending parents after birth. The intention of this arrangement is that the intending parents will raise their child as their own.
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Australia has many residents with family ties overseas. It is not surprising, therefore, that taking children overseas can often become an issue between separated parents. If the parents cannot agree upon whether a child can travel overseas with one of the parents, a court will make the decision, and the decision will be based on what is best for the child.
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There are a number of courts which can deal with family law matters, whether parenting and/or financial matters between couples, whether marriage or de facto relationships. Choosing the right court can save time, money or both, and the choice is one which family lawyers have to make all the time for their clients.
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The Family Law Act prescribes that parents of children have parental responsibility, which is defined to mean all the duties, powers, responsibilities and authorities which, by law, parents have in relation to children.
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