Domestic violence is a pervasive issue that affects individuals and families across Australia. Understanding domestic violence laws and the legal protections available is crucial for those who find themselves in abusive situations. At Golottas Solicitors, we are committed to helping victims of domestic violence navigate the legal system and secure the safety and wellbeing of themselves and their loved ones. Here’s an overview of the legal protections available for domestic violence victims and the steps to seek help.

The Definition of Brief - Golottas Solicitors

Understanding Domestic Violence

Domestic violence encompasses a range of abusive behaviours, including physical violence, sexual abuse, emotional and psychological abuse, financial control, and social isolation. It is characterised by a pattern of behaviour aimed at gaining power and control over another person, typically within intimate or family relationships. The impact of domestic violence can be devastating, affecting the victim’s physical and mental health, as well as their overall quality of life.

Legal Protections Under Domestic Violence Laws

Australian domestic violence laws provide several legal protections to help victims escape abusive situations and prevent further harm. These protections are available through state and territory legislation, with some variations in the specific laws and procedures across jurisdictions.

Domestic-Violence-Laws-img-2

Key legal protections include:

1

Apprehended Violence Orders (AVOs)

In New South Wales, victims of domestic violence can apply for an Apprehended Domestic Violence Order (ADVO). An ADVO is a court order that imposes restrictions on the abuser's behaviour, such as prohibiting contact with the victim, staying away from the victim's home or workplace, and not possessing firearms. Breaching an ADVO is a criminal offence and can result in penalties, including imprisonment.
2

Intervention Orders

Other states and territories have similar protective orders, known as intervention orders, restraining orders, or family violence orders. These orders serve the same purpose as ADVOs, providing legal protection to victims by restricting the abuser's behaviour and ensuring their safety.
3

Police Powers

In cases of domestic violence, police have the authority to issue temporary protection orders on the spot, known as police protection notices or emergency orders. These orders provide immediate protection to the victim until a court can hear the matter and decide on a longer-term order.
4

Family Law Protections

The Family Law Act 1975 includes provisions to protect victims of domestic violence during family law proceedings. Courts can issue injunctions to prevent a party from harassing or intimidating the other party, and make orders for the protection of children involved in the proceedings.
Domestic-Violence-Laws-img-3

How to Seek Help

Seeking help in a domestic violence situation is a critical step towards safety and recovery. Here are important steps to consider:

1

Contact the Police

If you are in immediate danger, call the police on 000. Police can provide immediate protection, issue temporary protection orders, and assist in removing the abuser from the premises.
2

Seek Legal Advice

Engaging a lawyer with experience in domestic violence cases, such as those at Golottas Solicitors, can provide you with the necessary guidance and support. A lawyer can help you understand your legal rights, assist in applying for protection orders, and represent you in court.
3

Apply for a Protection Order

You can apply for a protection order through your local court. A lawyer can assist with the application process, helping to gather evidence and prepare your case. Protection orders are designed to provide ongoing safety by imposing restrictions on the abuser's behaviour.
4

Access Support Services

Numerous support services are available to assist victims of domestic violence. These services provide counselling, emergency accommodation, financial assistance, and support groups. Organisations such as 1800RESPECT and Domestic Violence Crisis Service offer confidential advice and support.
5

Develop a Safety Plan

Creating a safety plan can help you prepare for situations where you may need to leave quickly. A safety plan includes identifying a safe place to go, packing essential items, and having important phone numbers readily available.

The Role of Golottas Solicitors

At Golottas Solicitors, we are dedicated to helping victims of domestic violence navigate the legal system and secure the protection they need. Our team of experienced family lawyers understands the complexities and sensitivities involved in domestic violence cases. We provide compassionate and professional legal advice tailored to your specific situation, ensuring that you are informed and empowered throughout the process.

We can assist with applying for protection orders, representing you in court, and advising on related family law matters such as child custody and property settlement. Our goal is to provide comprehensive support to help you achieve safety and stability.

Summary

Understanding domestic violence laws and the legal protections available is crucial for those facing abusive situations. Legal protections such as Apprehended Violence Orders, intervention orders, and police protection notices are designed to provide safety and prevent further harm. Seeking help through the police, legal advice, support services, and developing a safety plan are essential steps towards escaping domestic violence and ensuring the wellbeing of yourself and your loved ones.

At Golottas Solicitors, we are committed to supporting victims of domestic violence with expert legal guidance and compassionate support. If you or someone you know is experiencing domestic violence, do not hesitate to contact us for assistance. Your safety and wellbeing are our top priorities, and we are here to help you every step of the way.