Experienced Family Law Firm Based in Perth.
Our advice is designed to bring your matter to the best possible outcome in the shortest amount of time.
About Dimond Family Lawyers
The leaders in Family Law matters in Perth.
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If you have experienced or are experiencing domestic violence, you have the option to seek help by obtaining a family violence restraining order against the person who committed violence towards you.
Family violence is a form of abuse that encompasses not only physical and sexual assault but also coercive and controlling behavior. Examples of such behavior include stalking, repeated insults, property damage, withholding money unreasonably, preventing contact with friends or family, threatening or sharing intimate images, and exposing children to such actions. This issue affects individuals and families across all demographics in Australia, and it poses a serious threat to their health and well-being.
No one should be expected to endure family violence in any relationship. Thankfully, there are resources and organizations available to help support those affected. In the past, efforts to address family violence have largely focused on protecting women and children, who are statistically more likely to experience it. However, it’s important to recognize that men can also be victims of family violence.
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Before Separating
Our Legal Practice Director, Erryn Dimond, talks about aspects involving separation.
Understanding the Divorce Process.
A Family Violence Restraining Order (FVRO) can be either interim or final.
Victims of family violence have the option of making an application for an interim FVRO for the purpose of securing interim protection from the perpetrator. The application is made on an “ex parte” basis. This means that the other party does not attend the initial hearing.
The application is usually heard by a Magistrate in the Magistrates Court. It is possible to make an application for an FVRO that extends to the protection of children, as well as the applicant. If successful, the Magistrate will issue an interim FVRO.
It is important to remember that the FVRO is not in force until it has been served.
When an interim FVRO is in force, there are options available to resolve the order/application on a final basis, without proceeding to trial.
These include:
- inviting a party to withdraw the application;
- reaching agreement upon a unilateral or mutual undertaking: an undertaking is not an order, and is therefore not enforceable by the Police. If breached, it can be used as strong evidence to secure a further interim FVRO.
- reaching agreement upon a conduct agreement order: a conduct agreement order is a “without admission” order, which means that there is no admission by the Respondent to any events or circumstances that have occurred. In other words, you agree to be bound by the order, but you do not have to admit perpetrating family violence. A conduct agreement order has the same enforceability as a final family violence restraining order. If breached, criminal proceedings can flow from the breach.
An undertaking or conduct agreement order will be in force for an agreed defined period, and will be conditional upon the FVRO application being withdrawn
A Final Restraining Order (FVRO) is a court order that prohibits a person from engaging in certain behaviours towards another person, such as contacting or harassing them, approaching their residence, workplace, or other specified places, or committing any act of violence against them.
If the matter proceeds to a trial, then both of you will be required to attend court to provide evidence (including under cross-examination) from yourself and chosen witnesses for the purpose of establishing:
- That the other party has committed family violence against you and is likely to commit family violence against you again in the future; or
- That you have a reasonable apprehension or fear that the other party will commit family violence against you.
As is the case with an interim FVRO, once a final FVRO is issued, it is a criminal offence for the person against whom the order is made (the respondent) to breach the terms of the order. If the respondent breaches the order, they may be arrested and charged with a criminal offence, which can result in fines, imprisonment, or both.
It is important to note that a FVRO is a serious legal matter that can have significant consequences for both the applicant and the respondent. If you are considering applying for a FVRO or have been served with a FVRO, it is recommended that you speak with our team.
You can speak with us in the knowledge you are safe and the information supplied is in the strictest of confidence. We can help you with effective strategies to manage the progress of your matter to ensure the safety of you and your children, whilst also finalising the dispute between you and your ex-spouse.
If you want to make a change speak to one of our experienced and friendly team today
Why Choose Dimond Family Lawyers?
Domestic violence is a serious issue that affects millions of people worldwide. In Perth, many people suffer from domestic violence, which can have a significant impact on their physical, emotional, and mental well-being. If you are facing domestic violence, it is crucial to seek help from a reputable and experienced family lawyer.
There are several reasons why people should choose Dimond Family Lawyers to help them with their family & domestic violence issues. Firstly, we have a team of experienced and skilled lawyers who specialise in family law, including domestic violence. Our lawyers have years of experience in dealing with domestic violence cases and have helped numerous clients achieve favourable outcomes. We have a deep understanding of the legal system and can guide you through the legal process with compassion and professionalism.
Secondly, we offer personalised legal services tailored to meet your specific needs. We take the time to listen, understand your situation, and develop a customised legal strategy to help you achieve your goals. We are committed to providing high-quality legal services that meet your unique needs and circumstances.
Thirdly, our team is dedicated to protecting your rights and ensuring your safety. We understand the importance of safety in domestic violence cases and will work tirelessly to help prevent clients from being in harm’s way. We will assist you in obtaining a restraining order or violence restraining order to ensure your safety and security.
Finally, we provide comprehensive legal services, including representation in court, negotiations, and mediation. We have a proven track record of success in representing clients in court and achieving successful outcomes. We will fight for your rights and protect your interests throughout the legal process.
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Frequently Asked Questions.
Family domestic violence refers to any form of abuse or violence that occurs within a family or intimate partner relationship. This can include physical, emotional, psychological, sexual, or financial abuse.
Signs of family domestic violence can include physical injuries, emotional distress, isolation from friends and family, controlling behaviors, and threats of harm.
If you are a victim of family domestic violence in Perth, WA, you should seek immediate help from local authorities or support services. This can include contacting the police, a domestic violence hotline, or a domestic violence support organization.
The consequences of family domestic violence in Perth, WA can include physical injuries, emotional trauma, financial hardship, and long-term health problems. In some cases, domestic violence can also result in death.
You can help a family member or friend who is experiencing domestic violence in Perth, WA by offering support, listening without judgement, and connecting them with local resources such as a domestic violence hotline or support organization.
Legal protections for victims of family domestic violence in Perth, WA can include restraining orders, and criminal charges against the abuser.
Department for Child Protection and Family Support
Domestic Violence Helplines
Women’s Domestic Violence Helpline
Telephone (08) 9223 1188 or Free call 1800 007 339
Men’s Domestic Violence Helpline
Telephone (08) 9223 1199 or Free call 1800 000 599
Lifeline – Crisis Support, Suicide Prevention
Telephone 13 11 14
In an emergency – if someone is in immediate danger – call the police on 000 now.
The long-term effects of family domestic violence in Perth, WA can include PTSD, anxiety, depression, substance abuse, and difficulty forming and maintaining relationships.
Risk factors for family domestic violence in Perth, WA can include a history of abuse, substance abuse, financial stress, and mental health issues.
Preventing family domestic violence in Perth, WA requires a multi-faceted approach that includes education and awareness-raising, community engagement, support services for victims, and legal interventions to hold abusers accountable.