Family Violence in Australia

A recent Justice Project report on Family Violence in Australia by Law Council of Australia, dated August 2018:

It can affect anyone, irrespective of age, gender, socio-economic status or cultural background. 

According to statistics, in 2016 it was reported that Australian police dealt violence in family, on average, every two minutes and it was nearly three times more likely for women to experience partner violence than men.

The report prepared by the Law Council of Australia entitled “People Who Experience Family Violence” is an investigation into the barriers that people face accessing justice in circumstances of family violence.

More and more violence in the family features in the break-down of relationships and its presence will make reaching an agreement to separate your financial affairs or make proper arrangements for the children all that more difficult.

From a separation perspective, if you are experiencing conjugal violence please give us a call today so we can assist and guide you through these difficult times.

If you know someone who is experiencing it and needs counseling and support, follow the link below.

Violence in Family – A National Disgrace

Statistics show that 11 women have lost their lives to violence already this year.  Our Federal Circuit and Family Court of Australia is committed to striving higher to reduce abusive and violence in the family.  We are in the midst’s of a national crisis.  It’s an all society issue.

https://www.abc.net.au/news/2024-04-20/chief-justice-family-court-men-must-make-change-family-violence/103748036

Family Violence and Cross-examination of Parties Scheme

Amendments to the  Family Law Act 1975 (Cth) have been made that provide protection to victims of family violence who are cross-examined as part of family law proceedings.

From 10 September 2019, personal cross-examination will be banned in family law proceedings in certain circumstances where allegations of family violence have been raised. 

Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer.

Under the scheme, cross-examination will now be conducted by legal representatives.

The scheme is funded by the Commonwealth Government, who will provide $7m, over three years, to legal aid commissions to provide legal representation to parties subject to the ban.

This will remove the fear of being directly cross-examined by their perpetrator as a factor in a woman’s decision whether to settle a matter, and encourage women who have experienced family violence to pursue their legal entitlements. The provision of legal assistance will also support the expeditious resolution of family law matters, assisting women to recover from abusive relationships and obtain economic security for themselves and their children sooner.

For more information, read the Court’s fact sheet.

National Family Violence Website

A new website available dedicated to assisting people affected by family violence. National Legal Aid in conjunction with the Commonwealth Attorney-General’s Department has invested in creating this website.

The new national website for people wanting to understand the law in Australia, and where to find help.

The website has free, easy to understand information about:

domestic and family violence

Domestic and Family Violence

  • What is family violence?
  • Myths and understanding
  • How does it affect children
  • Online safety
  • Staying safe
  • What is elder abuse
family law

Family Law

  • How does the system work
  • Arrangement for children
  • Divorce and separation
  • Dividing property after you separate
  • What is spousal or defacto maintenance
  • How to get child support
  • Fears for your safety at court
  • How to prepare for court
child protection

Child Protection

  • What is it
  • How does the Department get information about my family
  • Tips for working with the department
  • What will happen if the Department decides to remove my children
  • Going to court
  • What can I do to help me get my child back
  • What can I do if I am unhappy with the decision made by the court
  • Things have changed and I want my child back, what can I do?
  • Who do I call if I’m worried a child is at risk of harm?

apprehended domestic violence orders

Apprehended Domestic Violence Orders

  • What is it
  • How do Domestic Violence Orders get made?
  • What can it stop
  • What happens in court
  • How do I get my stuff back
  • What happens if someone breaks an order
  • Can I change, end or extend the order
  • What will happen if I move interstate?
  • Can I make arrangements for children when there’s an order?
  • What happens to a person’s visa if there’s domestic and family violence?

The website can be translated into different languages. It also contains useful factsheets that can be downloaded or printed.

If you are experiencing family violence or wish to know more on this subject, visit www.familyviolencelaw.gov.au or contact CopperTree Family Law on (02) 4369 6838 for further information.

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