Family law matters involving family violence
At Arnold Hills, we understand that family law matters involving family violence can be sensitive, stressful and difficult to navigate. These matters require careful and timely advice that addresses the legal issues and any safety considerations relevant to the family law process.
We are experienced in assisting clients who have experienced family violence and clients who are responding to allegations of family violence. We provide clear, strategic and compassionate advice to help you understand your options and take appropriate steps having regard to your individual circumstances.
What is Family Violence?
Family violence may take many forms and does not need to involve physical violence only. It may arise from a single incident or from a course of conduct over time. It can involve violent, threatening or other negative behaviours committed by a person towards a family member, or someone they have or have had an intimate relationship with, that causes the person to fear for their safety. Behaviour that may constitute family violence is also outlined in the Family Law Act 1975 (Cth) (Act).
Family violence may include behaviour such as:
- assault and physical harm;
- sexual assault or other sexually abusive behaviour;
- stalking and other harassment;
- emotional and psychological abuse, including repeated derogatory taunts, degradation and other forms of verbal abuse;
- intentionally damaging or destroying property;
- intentionally causing death or injury to an animal;
- preventing a family member from making or maintaining connections with their family, friends or culture;
- unlawfully depriving a family member of their liberty;
- certain conduct carried out by a person against a family member in connection with a dowry practice; and
- economic or financial abuse.
Economic and financial abuse
Economic or financial abuse is a form of family violence. It can be frightening, isolating and difficult to identify, particularly where financial control has developed gradually over time. It may occur where one person unreasonably controls, restricts or interferes with another family member’s financial independence, or uses money, assets, debt or financial pressure to coerce or control that family member.
Economic or financial abuse may include:
- unreasonably controlling, restricting or interfering with a family member’s financial independence or access to money or assets;
- preventing or unreasonably restricting a family member from seeking, obtaining or keeping employment, or otherwise interfering with their income or ability to earn income;
- forcing a family member to take on debt or legal liability or status;
- accumulating debt in a family member’s name without their knowledge or consent;
- unreasonably withholding financial support needed to meet the reasonable living expenses of the family member or their child, including where that family member is entirely or predominantly dependent on the other person for that support; or
- coercing, pressuring or threatening a family member in connection with a dowry practice.
Economic and financial abuse may affect a person’s ability to safely separate, obtain legal advice, meet living expenses, support children, negotiate a property settlement or participate in court proceedings.
In property settlement proceedings, the court must also consider, where relevant, the effect of family violence on a party’s ability to make contributions and on that party’s current and future circumstances.
Arnold Hills will provide tailored advice where financial abuse is a factor. We will help you understand the relevant legal issues, consider what evidence may be required, make or respond to court applications where necessary, and take practical steps to help protect your financial position and progress your family law matter strategically and with appropriate regard to any relevant safety concerns.
Family violence and property settlement
Family violence may be relevant to your family law property settlement matter.
The Act now expressly provides that when determining property interests, the court is to consider the effect of family violence on a party’s ability to make contributions and on that party’s current and future circumstances, so far as those considerations are relevant.
Family violence may be relevant where, for example, a person has been prevented from working, had their income adversely controlled or affected, been forced to take on debt, had access to money restricted, or where their ability to make contributions during the relationship was made more difficult because of family violence.
Family violence does not automatically result in a particular adjustment or property settlement outcome. Its relevance will depend on the evidence and circumstances of each matter.
Depending on the circumstances, we can advise you on property settlement issues involving family violence, including how family violence may be relevant, the evidence that may be required and the legal and practical options available to you. Our advice is tailored to your circumstances and provided with appropriate regard to any relevant safety concerns.
Family violence and parenting matters
Parenting matters involving family violence require careful, sensitive and practical legal advice. We understand that it can feel overwhelming when there are concerns about your child’s safety and wellbeing, or your own safety, particularly where there are issues involving risk, conflict, intimidation or uncertainty.
In these circumstances, it is important to identify and put in place parenting arrangements that promote safety, are practical and are in your child’s best interests. In some matters, carefully structured arrangements may be required to reduce risk and provide stability for both you and your child. Parenting orders should also be carefully drafted so that arrangements promote safety and are clear, practical and workable.
Under the Act, the child’s best interests are the paramount consideration when the court makes a parenting order. In determining the child’s best interests, the court must consider several factors, including what arrangements would promote the safety of the child and each person who has care of the child, including safety from family violence, abuse, neglect or other harm. The court must also consider any history of family violence, abuse or neglect and any relevant family violence order.
Arnold Hills can provide tailored advice about the options available to you, including whether supervised time may be appropriate, whether changeovers should occur in a safe or neutral setting, whether communication between parents should be structured, and whether urgent court orders may be necessary. We can also assist with preparing or responding to parenting applications where allegations or concerns about family violence arise.
Parenting concerns and family violence
If you have experienced family violence, one of your greatest concerns may be how separation will affect your children. You may be worried about their safety, how they are coping, whether they will be required to spend time with the other parent, or how parenting arrangements can work without exposing you or your child to further conflict, fear or harm.
You may also be concerned that what has happened within your family will not be fully understood, particularly where the violence has involved coercive or controlling behaviour, threats, intimidation or other conduct that may not always be visible to others. You may also have concerns regarding your children’s exposure to the family violence taking place in your home. Speaking with a family lawyer experienced in family violence matters is vital, to help identify the various safety concerns, legal issues and appropriate next steps.
Children can be affected by family violence even where the violence is not directed towards them personally. Under the Act, a child is exposed to family violence if they see, hear or otherwise experience its effects. This may include overhearing threats, witnessing an assault, comforting or assisting a family member who has been assaulted, seeing the aftermath of damaged property, or being present when police or ambulance officers attend an incident involving family violence.
Abuse of a child is also not limited to physical harm. It can also include conduct that causes a child to suffer serious psychological harm.
Family violence can affect a child’s emotional wellbeing, sense of security and relationships with the people around them. Where family violence or other safety concerns are present, careful consideration may need to be given to where a child lives, the time they spend with each parent, how changeovers occur, how parents communicate and whether additional safeguards are required.
In parenting matters, the court must regard the child’s best interests as the paramount consideration, with safety forming an important part of that assessment. Arnold Hills can help you understand your options, consider arrangements that respond to the risks affecting your family and, where necessary, seek parenting orders designed to protect your child’s safety, stability and wellbeing.
Family violence and family dispute resolution
Prior to making an application to the court for parenting orders, the Act requires parties to make a genuine effort to resolve disputes about children through Family Dispute Resolution, unless an exemption applies.
However, depending on the circumstances, Family Dispute Resolution may not be appropriate, especially where there are concerns about family violence, child abuse, urgency or risk that may affect a person’s ability to participate safely and effectively in the process.
If you have experienced family violence or have concerns about your safety, it is prudent to obtain legal advice. Depending on the circumstances, an exemption from Family Dispute Resolution may apply. Where Family Dispute Resolution is appropriate, safeguards may need to be put in place to help protect your safety and allow the process to occur in a safe and appropriate way.
Arnold Hills can advise you about whether Family Dispute Resolution is appropriate in your circumstances, whether an exemption may be available, and what steps should be taken before any parenting negotiations or court application.
Responding to allegations of family violence
Allegations of family violence are serious and can significantly affect the conduct and outcome of parenting proceedings and, where relevant, property and other financial matters.
If allegations have been made against you, it is important to obtain legal advice early to understand how those allegations may affect your family law matter and how you should respond.
Some matters involve complex factual disputes, competing allegations, mental health concerns, substance misuse, allegations of coercive or controlling behaviour, or overlapping criminal and family law proceedings. Arnold Hills can provide careful, strategic and practical advice in complex family violence matters, including where you need to respond to allegations, comply with existing orders, prepare evidence, or address concerns raised in parenting or property proceedings.
Speak with Arnold Hills, family and domestic violence lawyers in the Hills District and Sydney
Family and domestic violence can significantly affect a family law matter. If you have experienced family violence, are responding to allegations of family violence, or are concerned about how family violence may affect your parenting, property or other financial matters, Arnold Hills can assist you.
We will help you understand your options and explain the steps available to progress your family law matter. We can also advise you on parenting arrangements where family violence is present or alleged, property settlement and other financial matters involving economic or financial abuse and provide advice and representation if you are responding to allegations of family violence. Where appropriate, we can also liaise with relevant professionals and other third parties involved in your matter.
Arnold Hills assists clients throughout the Hills District, including Castle Hill, Norwest and Rouse Hill, as well as clients across Sydney, with family law matters involving family and domestic violence.
Contact us to arrange a confidential consultation about your family law matter.
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