Domestic violence includes psychological, physical, verbal, sexual, reproductive, financial, and social abuse. In regards to child abuse, the court will give paramount consideration to the best interests of the child.
Domestic Violence is often dealt with through the local courts, or through the Federal Circuit and Family Court of Australia. If in the latter, and there has been child abuse or family violence, the court will use its discretion to determine what parental time/responsibility arrangements are appropriate to ensure the protection of the child/children.
You can apply for an apprehended violence order (AVO) by contacting NSW Police, who can make the application on your behalf. If you have been named as the defendant in an apprehended violence order (AVO) application, you will have to attend court, which we can assist you with.
The concept of domestic or family violence has widened considerably over the years and it encompasses a variety of abuse including:
The court will scrutinise any allegation of a parent abusing a child. In coming to a decision surrounding the parenting arrangement of a child, the court will give paramount consideration to whatever is in the best interests of the child. This includes having a meaningful relationship with both parents however if the child is at risk of harm, the court will make a decision that best protects the child.
You can apply for an apprehended violence order (AVO) by contacting NSW Police, who can make the application on your behalf. If the Police are concerned for your safety, they are able to make a provisional order which places restrictions on the other party until the matter can be put before the court.
You can also make the application yourself by attending your local court.
If you have been named as the defendant in an apprehended violence order (AVO) application, it is recommended you seek legal advice. You will have to attend court. If you agree with the application, the judge will be final orders. If you challenge the application, the judge will adjourn your matter and set a hearing date.