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Domestic Violence law in Launceston, Australia, like the rest of Australia, seeks to protect individuals from abusive, threatening, and harmful behaviours within domestic relationships. This may include physical, emotional, sexual or financial abuse, stalking and damaging property conducted by partners, ex-partners, family members or anyone residing in the same residence. Domestic Violence crimes are serious offences, dealt with sternly by Australian courts, potentially leading to restraining orders, fines, and imprisonment.
You may need a lawyer's services in numerous domestic violence situations, including seeking a restraining order, navigating the criminal justice system if charges are laid, initiating or responding to family law proceedings and dealing with the Child Protection authorities. A lawyer can also help protect your rights, guide you through the legal processes, provide legal advice tailored to your specific situation and represent you in court.
In Launceston, Tasmania, the law that primarily deals with Domestic Violence is the Family Violence Act 2004 (Tas). It addresses physical and mental harm, threats, damage to property, intimidation, and economic abuse within a family or domestic relationship. If the court suspects domestic violence, it has the power to issue Family Violence Orders (FVOs) restricting the alleged offender’s actions towards the victim, and breaches of these orders are taken very seriously.
1. Can I have a domestic violence order made against someone who does not live with me? Yes, FVOs can be made against any person within a 'family relationship', which considers more than just people who share the same residence. 2. Will the person I'm seeking protection from know about it? Yes, the other party will be served with the order and must attend court, ensuring both parties have the chance to present their case. 3. What if I’m not financially stable, can I get legal aid? Yes, Legal Aid is available to those who cannot afford a private lawyer and meet its eligibility requirements. 4. What do I do if the perpetrator breaches the order? You should immediately report any breach to the police who can take enforceable action. 5. Can a Family Violence Order affect child custody? It can factor into family law proceedings, hence, it is crucial to seek legal advice in this regard.
Services such as Safe at Home, the Tasmanian Government’s response to family violence, and the Launceston Community Legal Centre can provide support, advice, and information. Furthermore, the National Domestic Violence Hotline and 1800RESPECT offer 24/7 assistance.
If you require legal assistance, reach out to a legal professional, contact your local community legal centre, or apply for Legal Aid. Always ensure your immediate safety first and remember that police and other emergency services are available in dire circumstances.
