Many family law disputes involve allegations of violence and abuse.
Although thought to be largely fabricated by disgruntled women, recent studies in this area indicate that the incidence of fabricated or false allegations is actually very low (as little as 6%).
In this area of practice, any allegation of violence or abuse is not tolerated and is taken very seriously.
It is important that all allegations are reported and investigated. Steps to protect actual and potential victims should be investigated as soon as possible.
It is known that the risk of family violence increases at the time of separation due to an increase in conflict. Often, women and men whom have been the subject of violence do not take action to protect themselves by way of an Apprehended Domestic Violence Order (ADVO). Please consult your solicitor for any advice or assistance in this regard. There are also various community agencies and helplines that offer free advice and representation at Court.
In cases of abuse, a notification should be made immediately to Family and Community Services (previously known as DoCS) through the Child Protection Helpline on 132 111 in respect to any children involved in, or witness to, such incidents.
In cases where there is violence or abuse present, then the Court will often impose certain restrictions on the perpetrator in respect to the time they are able to spend with any children involved. Please speak to your solicitor about the various options available in this area.