Has your marriage ended due to violence or abuse from your partner?
Domestic violence lawyers may be your best choice.
If you’re going through a nasty divorce, seeking divorce lawyers Perth will make the proceedings less stressful.
There are many solutions available to protect you and your children.
Laws Regarding Family Violence
There are two courts a divorce may go through — the family court and the federal circuit court. In the case of allegations of abuse or violence, all proceedings must be filed through the family court.
A protection order may be put in place if there is evidence of threats to the safety of the party or children.
This can include restrictions, such as ordering the other party to:
- Have no communication
- Cease their behaviour
- Or from entering any location that the other person lives, goes to school, or works
Depending on the circumstances of violence or abuse, the judge may issue protection orders. In some cases, the registrars of the court may issue a protection order.
Breaking the protection order can carry criminal charges and even jail time.
What to expect
The courts are required to seek 50/50 parenting time, when it is in the best interest of the child.
The courts require both parties of the divorce to participate in a family dispute resolution (FDR) before the court proceedings. In cases of family violence, the FDR practitioner may determine that an FDR is not appropriate. This decision will require separate paperwork.
Private practitioners, also called single expert witnesses, or family consultants, may be appointed to prepare a family report for the court.
The courts may also appoint a lawyer to look out for the child’s best interests.
The court may consider different factors when determining parenting time and restrictions, including:
- The relationship between the child and each parent
- How the child feels or thinks
- The impact of the separation on the child
- If the child is a Torres Strait Islander or Aboriginal and rights to their culture
- Family violence toward the child or a family member
- The wellbeing of the child
- Any protection orders put in place and the restrictions they entail
Finding the best lawyer
When searching for a lawyer, always ask for a consultation before hiring.
Talk to the lawyer about all the circumstances involved — any detail left out can hinder the case or result in outcomes taking longer.
Important questions to ask:
- Will you require money upfront? How much should I expect to pay?
- How many cases like mine have you handled? What was the outcome?
- Will I need to bring any documentation or proof?
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- What can you do to help my children and me?
- How much involvement will the lawyer have in all the proceedings?
If you are filing for divorce to protect your children or yourself, it is best to find the proper divorce lawyers Perth.
Domestic violence can complicate the proceedings and be stressful.
With good domestic violence lawyers on your side, you can rest assured that the court proceedings will go as smoothly as possible.
