Bridging Legal Realms: Navigating the Intersection of Domestic Violence & Family Law Proceedings

Navigating the complexities surrounding domestic violence and parenting can be both legally intricate and emotionally charged. When relationships deteriorate to the point where domestic violence becomes a concern, courts often intervene with domestic violence orders to protect victims.

The presence of parenting orders adds a layer of complexity, as courts must balance the safety of aggrieved’s with the rights of parents to maintain a relationship with their children. In order to protect your rights and interests it is crucial that you obtain legal representation from a lawyer that understands the interplay between domestic violence orders and parenting orders.

 

What do I do if I have been served with an Application for a Domestic Violence Order?

If you have been served with an application for a domestic violence order, it is important that you obtain legal advice from a criminal defence lawyer. This is because a domestic violence order can not only have an impact on any ongoing or future family law or criminal law proceedings but may result in criminal prosecutions.

It is important that you understand the conditions of any domestic violence order that may be put in place against you. This is because breaching a domestic violence order is a criminal offence punishable by imprisonment.

Domestic violence orders can include the following conditions:

• You must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved;
• You are prohibited from contacting, attempting to contact, or asking someone else other than a lawyer to contact the aggrieved;
• You are prohibited from approaching, or attempting to approach within 100 meters of the aggrieved when at any place;
• You are prohibited from approaching, or attempting to approach within 100 meters of where the aggrieved lives, works or frequents;
• You are prohibited from remaining at, entering or attempting to enter or approaching the matrimonial residence;
• You are prohibited from using the internet or any other communication device to communicate with, publish pictures of or make comments concerning the aggrieved; and/or
• You are prohibited from locating, or attempting to locate or asking someone else to locate the whereabouts of the aggrieved.

This is a non-exhaustive list of conditions that could be put in place against you.

The conditions of a domestic and family violence protection order can make it extremely difficult for you to comply with any formal or informal parenting arrangements. It is imperative that you comply with both family law orders and a domestic violence order if both are in place. For example, if one order prohibits you from having contact, but the other order allows for you to have contact, you must comply with the more onerous order. If you have both domestic violence matters and family law proceedings on foot, you should obtain legal advice immediately.

 

How do domestic violence matters and family law proceedings overlap?

We understand how stressful and emotional family law matters can be and on-top of that, the added factor of managing complex legal matters. The interplay between domestic violence orders and parenting orders can be complex and challenging to navigate. It can sometimes be the case that there is often a need to resolve parenting issues at the same time as there is an application for a domestic violence order.

This is because the reasons someone might apply for a domestic violence order may arise from the same factual basis as part of the allegations in family law proceedings. For example, the other parent may look to file an application for a domestic violence order against you if they believe that you are engaging in parental alienation by not complying with any formal or informal parenting arrangements or not involving them in the decision-making process for important matters relating to the children.

In cases such as this, it is common for a person to file both an application for a domestic violence order against you and initiate family law proceedings seeking parenting orders to be put in place.

If you are in a position such as this, it is important that you seek legal advice immediately. This is because any material you file in your family law matter could impact your position in the domestic violence matter and vice versa.

Further, it is important that you do not put yourself in a position whereby you are breaching a domestic violence order. You will need to ensure that any domestic violence order put in place against you (either temporary or final) is practical and aligns with any parenting order that you have in place. We can assist you through this process.

At Potts Lawyers, we can help liaise with your family lawyer to make sure that your domestic violence matter runs in the best manner possible for you without adversely impacting your family law proceedings.