Family law information by Family Violence category

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Allegations of family violence post-separation

Often, in applying for parental orders, an allegation of family violence is made by the applicant asking the court to consider the allegation of family violence in granting or refusing the application for parenting orders of the applicant.

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Apprehended violence Orders AVO

An AVO offers protection from domestic violence in NSW. An AVO offers protection against Acts of violence such as the following: physical assault, non-physical abuse such as harassment or intimidation, damage or threatened damage to property.

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AVO Orders by consent and without admission

An AVO may be issued with the consent of a party but without making any admissions. Consenting to an AVO will not result to a criminal record but there are legal consequences for which a party must seek legal advice.

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Avwert Family Violence

The avert Family Violence training package has been developed to provide a multi-disciplinary training package in family violence that encourages collaboration between professionals who are working in the family law system.

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Breach of an AVO in the Context of Family Law Breakdown

AVOs play a crucial role in protecting individuals from potential harm. However, in the context of family law breakdowns, it's vital to tread carefully.

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Consistency of orders with the provisions of the Family Law Act

Under Section 68R of the Family Law Act 1975, courts must use its powers to revive, vary, discharge or suspend a family intervention order that is inconsistent with an order issued pursuant to the Family law Act.

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Domestic and personal violence orders in NSW

An AVO may be made with the consent of both the perpetrator and the victim. It need not be that the parties will have to undergo a full hearing in court to be able to determine whether or not an AVO should be issued.

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Domestic Violence Australian Family Law

Domestic Violence Orders (DVO) are designed to protect people who live in a domestic relationship with the alleged perpetrator and Personal Violence Orders (PVO) are for all other categories of victims.

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Family violence also know as domestic violence

Family violence may consist of physical, emotional, social, economic and spiritual violence inflicted by a family member to another family member.

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Family violence amendments and its effects

The amendments in family violence have led to adjustments in the way family law cases are handled and identification of family violence.

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Family violence and family dispute resolution

When parents in Australia cannot agree about how to raise their children, they are required to participate in dispute resolution before asking a Family Law Court to intervene

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Family violence and parenting orders

Courts will act immediately whenever there is risk of family violence or child abuse. The court can issue orders for supervised time with the child or prevent the parent from seeing the child.

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Family violence child abuse allegations

Child protection orders are distinct from family violence orders although children can sometimes be included in the latter made for a parent. There are pertinent dates to remember regarding applications for parenting orders:

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Family violence orders

A family violence order (including an interim order) is generally made under a prescribed law of a state or territory to protect a person from family violence.

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Family violence orders are designed to protect victims of domestic violence

To ensure that it is taken seriously by society, the Domestic and Family Violence Protection Act 2012 provides protection and a safe environment for those people who become victims of family and domestic violence.

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How the Family Law Act defines family violence

Family violence is defined in the Act as physical or threatening behaviour towards a family member or their property, which causes that person to reasonably fear for their personal wellbeing or safety.

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Important timeframes in property settlement

The date of separation does not determine property rightsit is vital to understand that the date of separation does not, in itself, signify and end to rights in the parties' property or financial resources.

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Legal remedies available to victims of family violence

Legal remedies have always been available to victims of family violence. A victim of violence can always sue for damages in State courts for the assault or battery committed

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Reporting an Incident of Domestic Violence or Child Abuse in Australia

Addressing domestic violence and child abuse requires awareness, courage, and collective action. By recognizing the signs and knowing the appropriate channels

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Statutory Domestic Violence Orders

In Australia, Domestic Violence Orders (DVO) are designed to protect people who live in a domestic relationship with the alleged perpetrator and Personal Violence Orders (PVO) are for all other categories of victims.

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The cycle of domestic violence

The theory that domestic violence occurs in a cycle was credited to Lenore Walker from the United States who developed it sometime in 1979. This theory recognizes the changing dynamics in a family life with violence.

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The Effect of Domestic Violence Orders on Child Contact

Domestic violence orders play a crucial role in protecting victims of domestic violence and their children. In Australian family law, the best interests of the child are always the primary consideration when making decisions about child contact arrangements.

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What type of behaviour can be the foundation of a protection order

A protection order is a court order which aims to prevent further domestic violence from being inflicted on the victim. The application with the court is in the nature of civil proceedings for which there is a lesser degree of evidence required

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