About Domestic Violence
Don't suffer the effects of domestic violence anymore.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our Process
- What It Is
- We Can Help
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand what has been happening in the relationship to date and discuss any violent incidents that may have occured.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to put an end to the violence in your relationship.
The sooner you act the better.
You do not deserve to be a victim of domestic violence, make steps to stop it today.
Lawyers with domestic violence experience
Meet with lawyers who have successfully helped victims of domestic violence.
- Past Cases
- Good Results
- Happy Clients
What it domestic violence?
Family and domestic violence is not just physical acts, but is any violent or threatening behaviour used to control or manipulate a family member. It includes verbal, emotional, social, financial and sexual abuse.
The Family Law Act outlines the examples of behaviour that may be regarded as family and domestic violence, including the following:
- (a) Physical or sexual assault;
- (b) Stalking;
- (c) Repeated taunts or derogatory language;
- (d) Intentionally damaging property;
- (e) Causing injury or death to animals;
- (f) Unreasonably withholding or controlling money;
- (g) Preventing a family member from contacting or seeing other family members or friends;
- (h) Holding a family member against their will.
The Family Court considers that a child has been exposed to family violence if they directly observe the behaviour or if they experience the effects. This means that a child is considered exposed if they hear a family member repeatedly using derogatory language towards another. However, it means they have also experienced family violence if they are comforting a family member following an incident, even if the child was not present at the time. This includes cleaning up after an episode of family violence, or being present when emergency services arrive.
Implications in family law
In family law matters involving children, the parties are required to attempt mediation with a qualified family dispute resolution practitioner prior to commencing Court proceedings. If there has been family violence throughout the relationship however, a party can seek to be exempt from this requirement.
The family dispute resolution practitioner would need to be satisfied that there was family violence and that such experiences mean the parties are unsuitable for mediation. If this is the case, the party seeking to file in the Family Court would receive a certificate stating that mediation is not suitable which would allow them to proceed. Otherwise, the party can apply straight to the Court seeking the exemption – we can help with this.
Further into the proceedings involving children, the presumption that both parents are involved in the long-term care and welfare decisions of a child will be considered. This includes choices regarding a child’s schooling, medical decisions, religion and cultural practices. Where there has been family violence, the Court may not apply the presumption and instead may decide that it would be in the child’s best interest for one parent to exercise such responsibility.
In relation to property and financial matters, family violence may be considered when assessing the contributions made by the parties throughout the relationship. In relationships where there has been family violence, the Court may find that contributions made by the party experiencing the violence are given more weight due to the conditions in which they were made. As a result, there may be an increased adjustment in favour of that party.
Battered Wife Syndrome
You can be considered a battered woman if you are woman 18 years of age or above, who has been in an intimate relationship with a man who repeatedly subjects or subjected you to forceful physical and/or psychological abuse.
Battered woman/wife syndrome (BWS) has been accepted by Australian courts as a scientifically established psychological condition. BWS has been associated with post-traumatic stress disorder (PTSD). Characteristics of BWS include fear, shame, isolation, guilt, depression, passivity, learned helplessness, traditional sex role attitudes, low self-esteem and dependency.
Battered woman syndrome as a defence to crime
If you have been charged with a crime and have been subjected to any of the aforementioned abuse, your defence may be aided by a psychological assessment of BWS. Factors giving rise to a diagnosis of BWS differ with the circumstances of each individual case. BWS is not a defence in itself however it can be used (as a psychological condition) in conjunction with existing defences in the criminal law or be given as part of a presentencing plea (R v Lorenz, 1998). It is important to note that BWS is NOT a defence as the law is not intended to encourage individuals to resort to self-help through violence (Osland v Secretary, Department of Justice [2008] HCA 37).
Domestic Violence & Immigration Status
If your partner is an Australian Citizen or Permanent Resident you may apply for a visa. That partner is then known as your Sponsor.
As a partner you will apply for either a Partner Visa. If you are engaged to be married and your fiancé is either an Australian Citizen or Permanent Resident, you should apply for a Prospective Marriage Visa first, and then apply for a Partner Visa after the marriage.
Partner means that you are either:
- Currently married
- In a de facto relationship (including same sex relationships)
The two stages of application
If you wish to stay in Australia permanently, you must get a Permanent Partner Visa. However, first you must apply for a Temporary Visa. Under this visa, you may enter Australia but you cannot stay, work and study in Australia and receive Medicare payments.
After you have received your Temporary Visa, you can then apply for a Permanent Visa. This will be assessed approximately 2 years after you apply. Normally, if you and your partner&rsquos relationship has broken down, then your visa application will be revoked.
However if there was family violence during the time you were in the relationship, you may still be granted a Permanent Partner Visa.
Family violence
Family violence or abuse by your sponsoring partner against you during your relationship sometimes counts as a special circumstance by the Immigration Department. If you can prove that family violence took place, even if you leave the relationship, your visa application may be granted.
If you are in an abusive relationship, you should take steps to protect your welfare. Many family violence victims fear that their visa application will be denied if they leave their abusive sponsoring partner. In these situations, there are support services that can offer counselling and advice in your language such as:
Immigrant Women's Domestic Violence Service
Telephone (Freecall): 1800 755 988
Immigrant Women & Domestic Violence Service
Women's Law Centre
Telephone: 9272 8800
CASE for Refugees
Telephone: 9227 7311
Multicultural Women's Advocacy Service
Telephone: 6330 5400
Steps to prove family violence took place
As mentioned before, you may still be eligible for a Permanent Visa if you leave your sponsoring partner because of domestic violence. However you must prove that such violence happened. You will need 2 types of proof: judicial and non-judicial proof.
Judicial proof simply means any order, injunction or evidence from a court that has convicted your partner of assault against you or your dependants. In order to make sure you have fulfilled this requirement, it is best to seek legal advice from a local lawyer.
Non-judicial proof refers to proof from other professionals who have dealt with your situation. Commonly, such evidence can come from:
- Doctors or nurses
- Treating psychiatrist or GP
- Social worker or child welfare authorities
- Staff members from a women's shelter or family violence crisis centre
- Counsellor or relationship consultant
- School counsellor
- Police officer
You must submit at least two forms of non-judicial evidence. The evidence must be in the form of a statutory declaration or an official letter.
After you have gathered your judicial and non-judicial proof, you must also submit your statutory declarations. Statutory declarations are written statements declaring that what you said is true and will be used in legal proceedings. It is critical that you explain the family violence abuses truthfully and to the best of your knowledge.
Seeking legal help
Local lawyers experienced in migration and family law matters are your best allies in a situation like this. In many domestic violence examples, the abusive sponsoring partner is able to continue their abuse by emotionally and physically isolating the visa applicant from their family members and threatening them with the rejection of their visa application.
Your lawyer can advise you on your rights and the legal steps to take to maintain your visa application status without compromising your welfare and safety.
The sooner you act the better.
You do not deserve to be a victim of domestic violence, make steps to stop it today.
Lawyers with domestic violence experience
Meet with lawyers who have successfully helped victims of domestic violence.
- Past Cases
- Good Results
- Happy Clients
How we can help
Whether you have experience family violence, or you feel as though you may have exposed your family to the same, we can help you navigate the family law system.
Our lawyers take a personal interest in each client’s story and aim to help you understand the system you are working in and how to achieve the best outcome.
We can explain the process, outline your options and take you through step by step until you are where you want to be.
Domestic Violence Support Services
Domestic violence is a pattern of violence, threat or abuse in any relationship. It can be physical, sexual, psychological, verbal or financial abuse, and any form of threat or behavior that causes you to be in fear of your safety, or the safety of loved ones around you. Domestic violence is a crime.
The obvious cases of domestic violence involve aggressive behavior at home including physical violence, breaking objects, rape and threats to do so. However it is important to remember that domestic violence comes in many other forms too, including:
- Stalking you and sending you multiple messages or voicemail
- Threatening to commit suicide or to kill or harm you or loved ones
- Violence or emotional abuse in public
- Humiliation
- Threatening you financially
Domestic violence victims can be male, female and children. You can be in a marriage, a de facto relationship or any other relationship and still experience abuse.
Domestic violence is common in relationships with one partner with alcoholism or drug abuse. It is also common for the abusive partner to feel guilt and regret after the violent episode and to apologise for their lack of control. Many victims of domestic violence report sudden mood swings in the abusive partner’s attitude and the recurrence and of the violence over a period of time despite promises from the abusive partner not to do it again.
Seeking help
If you feel fearful of your safety or the safety of your children or loved ones, you should seek help straightaway. You can contact the WA police, the Department of Child Services, or the national Department of Human Services.
There are many other support services for domestic violence sufferers that provide advice and help with dealing with family and domestic violence.
Women’s Domestic Violence Helpline: Telephone (08) 9223 1188 - Free call 1800 007 339
Men’s Domestic Violence Helpline: Telephone (08) 9223 1199 - Free call 1800 000 599
Women’s Law Centre of WA - Telephone (08) 9272 8800
Divorce and leaving abusive relationships
In each state, the laws for a divorce or parenting order over your children are different and so it is important to consult a local lawyer. You may also wish to protect your child from the abusive partner. Violence within the relationship is often recognised by courts to be a reason to grant one parent or a de facto partner with the care of the child. Again, it is better to seek legal advice to determine your rights before you apply for child custody or child support.
What you can do in the meantime
If you are a currently a victim of domestic violence, you must seek help immediately. You should also keep a record of the abuse, type of behavior, duration, medical records, pictures of injuries or property damage and police reports. This will help if you decide to apply for a Violence Restraining Order, divorce, or custody over your child.
The sooner you act the better.
You do not deserve to be a victim of domestic violence, make steps to stop it today.
Lawyers with domestic violence experience
Meet with lawyers who have successfully helped victims of domestic violence.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will need to understand what has been happening in the relationship to date and discuss any violent incidents that may have occured.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to put an end to the violence in your relationship.
The sooner you act the better.
You do not deserve to be a victim of domestic violence, make steps to stop it today.
Lawyers with domestic violence experience
Meet with lawyers who have successfully helped victims of domestic violence.
- Past Cases
- Good Results
- Happy Clients
What it is
What is domestic violence?
Family and domestic violence is not just physical acts, but is any violent or threatening behaviour used to control or manipulate a family member. It includes verbal, emotional, social, financial and sexual abuse.
The Family Law Act outlines the examples of behaviour that may be regarded as family and domestic violence, including the following:
- (a) Physical or sexual assault;
- (b) Stalking;
- (c) Repeated taunts or derogatory language;
- (d) Intentionally damaging property;
- (e) Causing injury or death to animals;
- (f) Unreasonably withholding or controlling money;
- (g) Preventing a family member from contacting or seeing other family members or friends;
- (h) Holding a family member against their will.
The Family Court considers that a child has been exposed to family violence if they directly observe the behaviour or if they experience the effects. This means that a child is considered exposed if they hear a family member repeatedly using derogatory language towards another. However, it means they have also experienced family violence if they are comforting a family member following an incident, even if the child was not present at the time. This includes cleaning up after an episode of family violence, or being present when emergency services arrive.
Implications in family law
In family law matters involving children, the parties are required to attempt mediation with a qualified family dispute resolution practitioner prior to commencing Court proceedings. If there has been family violence throughout the relationship however, a party can seek to be exempt from this requirement.
The family dispute resolution practitioner would need to be satisfied that there was family violence and that such experiences mean the parties are unsuitable for mediation. If this is the case, the party seeking to file in the Family Court would receive a certificate stating that mediation is not suitable which would allow them to proceed. Otherwise, the party can apply straight to the Court seeking the exemption – we can help with this.
Further into the proceedings involving children, the presumption that both parents are involved in the long-term care and welfare decisions of a child will be considered. This includes choices regarding a child’s schooling, medical decisions, religion and cultural practices. Where there has been family violence, the Court may not apply the presumption and instead may decide that it would be in the child’s best interest for one parent to exercise such responsibility.
In relation to property and financial matters, family violence may be considered when assessing the contributions made by the parties throughout the relationship. In relationships where there has been family violence, the Court may find that contributions made by the party experiencing the violence are given more weight due to the conditions in which they were made. As a result, there may be an increased adjustment in favour of that party.
Battered Wife Syndrome
You can be considered a battered woman if you are woman 18 years of age or above, who has been in an intimate relationship with a man who repeatedly subjects or subjected you to forceful physical and/or psychological abuse.
Battered woman/wife syndrome (BWS) has been accepted by Australian courts as a scientifically established psychological condition. BWS has been associated with post-traumatic stress disorder (PTSD). Characteristics of BWS include fear, shame, isolation, guilt, depression, passivity, learned helplessness, traditional sex role attitudes, low self-esteem and dependency.
Battered woman syndrome as a defence to crime
If you have been charged with a crime and have been subjected to any of the aforementioned abuse, your defence may be aided by a psychological assessment of BWS. Factors giving rise to a diagnosis of BWS differ with the circumstances of each individual case. BWS is not a defence in itself however it can be used (as a psychological condition) in conjunction with existing defences in the criminal law or be given as part of a presentencing plea (R v Lorenz, 1998). It is important to note that BWS is NOT a defence as the law is not intended to encourage individuals to resort to self-help through violence (Osland v Secretary, Department of Justice [2008] HCA 37).
Domestic Violence & Immigration Status
If your partner is an Australian Citizen or Permanent Resident you may apply for a visa. That partner is then known as your Sponsor.
As a partner you will apply for either a Partner Visa. If you are engaged to be married and your fiancé is either an Australian Citizen or Permanent Resident, you should apply for a Prospective Marriage Visa first, and then apply for a Partner Visa after the marriage.
Partner means that you are either:
- Currently married
- In a de facto relationship (including same sex relationships)
The two stages of application
If you wish to stay in Australia permanently, you must get a Permanent Partner Visa. However, first you must apply for a Temporary Visa. Under this visa, you may enter Australia but you cannot stay, work and study in Australia and receive Medicare payments.
After you have received your Temporary Visa, you can then apply for a Permanent Visa. This will be assessed approximately 2 years after you apply. Normally, if you and your partner&rsquos relationship has broken down, then your visa application will be revoked.
However if there was family violence during the time you were in the relationship, you may still be granted a Permanent Partner Visa.
Family violence
Family violence or abuse by your sponsoring partner against you during your relationship sometimes counts as a special circumstance by the Immigration Department. If you can prove that family violence took place, even if you leave the relationship, your visa application may be granted.
If you are in an abusive relationship, you should take steps to protect your welfare. Many family violence victims fear that their visa application will be denied if they leave their abusive sponsoring partner. In these situations, there are support services that can offer counselling and advice in your language such as:
Immigrant Women's Domestic Violence Service
Telephone (Freecall): 1800 755 988
Immigrant Women & Domestic Violence Service
Women's Law Centre
Telephone: 9272 8800
CASE for Refugees
Telephone: 9227 7311
Multicultural Women's Advocacy Service
Telephone: 6330 5400
Steps to prove family violence took place
As mentioned before, you may still be eligible for a Permanent Visa if you leave your sponsoring partner because of domestic violence. However you must prove that such violence happened. You will need 2 types of proof: judicial and non-judicial proof.
Judicial proof simply means any order, injunction or evidence from a court that has convicted your partner of assault against you or your dependants. In order to make sure you have fulfilled this requirement, it is best to seek legal advice from a local lawyer.
Non-judicial proof refers to proof from other professionals who have dealt with your situation. Commonly, such evidence can come from:
- Doctors or nurses
- Treating psychiatrist or GP
- Social worker or child welfare authorities
- Staff members from a women's shelter or family violence crisis centre
- Counsellor or relationship consultant
- School counsellor
- Police officer
You must submit at least two forms of non-judicial evidence. The evidence must be in the form of a statutory declaration or an official letter.
After you have gathered your judicial and non-judicial proof, you must also submit your statutory declarations. Statutory declarations are written statements declaring that what you said is true and will be used in legal proceedings. It is critical that you explain the family violence abuses truthfully and to the best of your knowledge.
Seeking legal help
Local lawyers experienced in migration and family law matters are your best allies in a situation like this. In many domestic violence examples, the abusive sponsoring partner is able to continue their abuse by emotionally and physically isolating the visa applicant from their family members and threatening them with the rejection of their visa application.
Your lawyer can advise you on your rights and the legal steps to take to maintain your visa application status without compromising your welfare and safety.
The sooner you act the better.
You do not deserve to be a victim of domestic violence, make steps to stop it today.
Lawyers with domestic violence experience
Meet with lawyers who have successfully helped victims of domestic violence.
- Past Cases
- Good Results
- Happy Clients
We Can Help
How we can help
Whether you have experience family violence, or you feel as though you may have exposed your family to the same, we can help you navigate the family law system.
Our lawyers take a personal interest in each client’s story and aim to help you understand the system you are working in and how to achieve the best outcome.
We can explain the process, outline your options and take you through step by step until you are where you want to be.
Domestic Violence Support Services
Domestic violence is a pattern of violence, threat or abuse in any relationship. It can be physical, sexual, psychological, verbal or financial abuse, and any form of threat or behavior that causes you to be in fear of your safety, or the safety of loved ones around you. Domestic violence is a crime.
The obvious cases of domestic violence involve aggressive behavior at home including physical violence, breaking objects, rape and threats to do so. However it is important to remember that domestic violence comes in many other forms too, including:
- Stalking you and sending you multiple messages or voicemail
- Threatening to commit suicide or to kill or harm you or loved ones
- Violence or emotional abuse in public
- Humiliation
- Threatening you financially
Domestic violence victims can be male, female and children. You can be in a marriage, a de facto relationship or any other relationship and still experience abuse.
Domestic violence is common in relationships with one partner with alcoholism or drug abuse. It is also common for the abusive partner to feel guilt and regret after the violent episode and to apologise for their lack of control. Many victims of domestic violence report sudden mood swings in the abusive partner’s attitude and the recurrence and of the violence over a period of time despite promises from the abusive partner not to do it again.
Seeking help
If you feel fearful of your safety or the safety of your children or loved ones, you should seek help straightaway. You can contact the WA police, the Department of Child Services, or the national Department of Human Services.
There are many other support services for domestic violence sufferers that provide advice and help with dealing with family and domestic violence.
Women’s Domestic Violence Helpline: Telephone (08) 9223 1188 - Free call 1800 007 339
Men’s Domestic Violence Helpline: Telephone (08) 9223 1199 - Free call 1800 000 599
Women’s Law Centre of WA - Telephone (08) 9272 8800
Divorce and leaving abusive relationships
In each state, the laws for a divorce or parenting order over your children are different and so it is important to consult a local lawyer. You may also wish to protect your child from the abusive partner. Violence within the relationship is often recognised by courts to be a reason to grant one parent or a de facto partner with the care of the child. Again, it is better to seek legal advice to determine your rights before you apply for child custody or child support.
What you can do in the meantime
If you are a currently a victim of domestic violence, you must seek help immediately. You should also keep a record of the abuse, type of behavior, duration, medical records, pictures of injuries or property damage and police reports. This will help if you decide to apply for a Violence Restraining Order, divorce, or custody over your child.
The sooner you act the better.
You do not deserve to be a victim of domestic violence, make steps to stop it today.
Lawyers with domestic violence experience
Meet with lawyers who have successfully helped victims of domestic violence.
- Past Cases
- Good Results
- Happy Clients
