Domestic violence and shared parental responsibility is a fusion of criminal and family law matters.
By law, separated couples are bound to observe shared parental responsibility towards their children. However, if the reason for divorce is domestic violence, the course of the case may not be the same.
In common terms, domestic violence refers to any damage induced by the spouse to his wife. It does not need to be a serious physical injury. Any risk or damage that can cause the other party to be fearful is enough to represent domestic violence.
Instances of a husband battering his wife, isolating the latter from social activities, and depriving her of the necessary means to live comfortably can constitute domestic violence. Domestic violence is a serious problem among couples that that does not only defer shared parental responsibility but will also affect cases involving child support and custody.
Normally, if domestic violence is the main reason why one party has obtained a divorce, the presumption of the shared parental responsibility ceases to exist. The parent who seeks the decision making power poses more advantage to be favoured by the judge. Since the shared parental responsibility no longer applies, the judge will render a decision in the fairness of the aggrieved spouse. If kids are engaged, then the court will decide based on the presumption that it is in the best interest of the child. It is also safe to assume that the custody of the child will be awarded to the parent who can give the best protection.
Under the Australian Law, the aggrieved spouse whether residing in a de facto relationship or under the benefit of marriage is protected by the Apprehended Violence Orders (AVOs). If domestic violence arises between parties, AVOs mandate that the defendant should not assault or harass the other party and that he should not live near the home or workplace of the victim. If the domestic violence is given a proof beyond reasonable doubt, the offender will have to face certain penalties.
The spouse who reports instances of domestic violence shall also bear certain responsibilities. If you have been suffering from domestic violence, it is very important that you seek advice from an experienced lawyer to help you cope with the issue.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.