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Domestic violence, often also referred to as family violence, is treated with utmost seriousness in Perth, Australia. This term encompasses acts of violence or abuse between people in domestic or intimate relationships. This can include physical, emotional, sexual, financial and psychological abuse as well as social isolation or manipulation.
The Family Law Act 1975 (Cth) provides the legal framework for handling domestic violence cases, which offers protection measures for the victims and penalties for perpetrators. The laws are not just limited to physical violence but also cover emotional and psychological harm.
If you are a victim of domestic violence, it's critical to seek legal advice to understand your rights and the resources available to you. A lawyer can assist with obtaining restraining orders, navigating through the complex family law system, securing custody and financial support or filing for divorce.
Domestic violence situations can also involve intervention orders, criminal charges, and family law matters, and having a knowledgeable lawyer can make the process less intimidating and help secure a fair outcome.
In Perth, the Restraining Orders Act 1997 and the Criminal Code Act 1913 are the primary legal avenues for dealing with domestic violence. A Violence Restraining Order (VRO) may be filed by a victim to prevent further harm. If there's a breach of such orders, it's classified as a criminal offence.
The Criminal Code characterises domestic violence as an aggravated offence, resulting in stricter penalties. Other protections include tenancy laws assisting victims to end leases without penalties, and reforms to family violence laws to improve victims’ safety in family law proceedings.
Domestic violence includes physical, emotional, and sexual abuse, as well as financial manipulation, threats, harassment, and intimidation by family members or intimate partners.
Any adult victim can apply for a Violence Restraining Order and guardians can apply on behalf of children or adults who are incapable of applying themselves due to disability.
A Violence Restraining Order is a legal order restricting the accused from doing certain activities that might further harm the victim. This may include prohibiting all contact or coming within a certain distance of the victim.
A domestic violence lawyer can help guide you through the legal process, from obtaining a Violence Restraining Order to helping with child custody matters, financial issues, and more.
Yes, if your partner breaches the restraining order, a lawyer can assist in filing criminal charges, as this is an offence under law.
If you're facing a domestic violence situation, you can reach out to local organizations such as Women's Council for Domestic and Family Violence Services (WA), the Department of Communities, or the Family Violence Legal Service Aboriginal Corporation. They offer counselling, legal advice, emergency accommodation, and more.
If you're a victim of domestic violence or are worried about a loved one, start by reaching out to local authorities or domestic violence organizations. Do not hesitate to seek legal advice when you face such situations. Remember, a knowledgeable lawyer can help protect your rights and secure your safety.
