Divorce is always emotional, stressful and difficult. When there are children involved, the end of a marriage is even more complicated. The most difficult divorces, however, are those that involve allegations of domestic violence and child abuse. Violent partners often escalate abuse when victims try to escape the situation. There are resources and supports available for victims of domestic violence and child abuse, and there are legal protections in place to protect the safety adults and children during the process of ending a marriage that has turned violent. If you or your children are being subject to threats, stalking, or physical abuse of any kind, it is important to get legal help from a strong advocate who can assist you in understanding victim’s rights during a divorce with domestic violence and child abuse. Owen Hodge Lawyers will help you apply for an AVO, seek a Parenting Order, and take other steps necessary to end a marriage and protect yourself and children from domestic violence. We have also helped many people through this difficult time in their lives and we will assist you in moving forward to begin a better future. Contact us today at 1800 770 780 or contact us via ohl@owenhodge.com.au to schedule a consultation with our experienced family lawyers and learn more about how we can assist you.

1. Presented By Owen Hodge Lawyers
DIVORCE WITH
DOMESTIC VIOLENCE AND CHILD ABUSE

2. • Introduction
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• Victims Rights in a Divorce with Family Violence
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• What’s next
OVERVIEW
Know your rights
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Applying for an AVO
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Conditions in an AVO
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Applying for a Property Recovery Order
AVOs and Family Law
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AVOs and Child Custody
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Applying for a Parenting Order

3. INTRODUCTION

4. INTRODUCTION
• Divorce is always emotional, stressful and difficult.
When there are children involved, the end of a
marriage is even more complicated.The most
difficult divorces, however, are those that involve
allegations of domestic violence and child abuse.
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• Violent partners often escalate abuse when victims
try to escape the situation.There are resources and
supports available for victims of domestic violence
and child abuse, and there are legal protections in
place to protect the safety of adults and children
during the process of ending a marriage that has
turned violent.

5. INTRODUCTION
• If you or your children are being subjected to
threats, stalking, or physical abuse of any
kind, it is important to get legal help from a
strong advocate who can assist you in
understanding victim’s rights during a divorce
with domestic violence and child abuse.
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6. VICTIMS RIGHTSIN A
DIVORCE
WITH FAMILYVIOLENCE

7. KNOWYOUR RIGHTS
• Victims have the right to protection from abuse
committed by a spouse, parent, or close family
member.
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• When abuse occurs, it can affect how a Family Court
makes decisions on the relationship a child will
have with each parent after a marriage is over.
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Victims Rights in a Divorce with Family Violence

8. • Victims who are subject to abuse may obtain an Apprehended Violence Order (AVO).
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• You may obtain an AVO in one of two ways:
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You may contact the police, who may make an application for an AVO on your behalf; or
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You may go to your local court and make an application for an AVO yourself. Court staff are
required as a matter of law to permit you to make an application.
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• When you apply for an AVO, the defendant accused of the alleged abuse will also be served
with the application. If the defendant consents to the AVO, the court will enter the Order.A
defendant may consent to the Order without admitting wrongdoing.
APPLYING FOR AN AVO
Victims Rights in a Divorce with Family Violence

9. • If the defendant does not consent, a hearing will be
scheduled and a court will make a decision on
whether to enter the Order after the hearing.
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• Upon your request, the court may make an Interim
Order (a temporary Order) to protect you until the
hearing occurs.You typically must offer the court
details on why the Interim Order is necessary.
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APPLYING FOR AN AVO
Victims Rights in a Divorce with Family Violence

10. • The magistrate will ask both you and the defendant to supply written statements to the court
by a certain date, and your matter will be listed for mention to determine if you comply.
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• Failure to comply can result in dismissal or you may be ordered to file an outstanding
statement.
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• If the defendant does not comply with the court’s direction, the defendant may lose the
opportunity to give evidence at the hearing. Provided you both comply, the matter will be
listed for a hearing which you must attend.
APPLYING FOR AN AVO
Victims Rights in a Divorce with Family Violence

11. • If the defendant does not come to court on the appointed hearing date
or have a good reason for not coming to court, the court may enter an
Order in their absence.
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• If both parties come to court, a hearing occurs and evidence is
presented based on each party’s written statement.You will first
present your case if you applied for the AVO and you can be questioned
by the defendant or the defendant’s solicitor.
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• The defendant will then present evidence and you have an opportunity
to ask questions of the defendant and their witnesses. If the police
made the application, the police prosecutor will ask questions.
APPLYING FOR AN AVO
Victims Rights in a Divorce with Family Violence

12. • If the magistrate believes there are reasonable fears for your safety, the AVO will be made.
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• There are three conditions the AVO always prohibits including:
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CONDITIONS IN AN AVO
Victims Rights in a Divorce with Family Violence
Assaulting, harassing, molesting, threatening, or otherwise interfering
with the Protected Person.
Intimidation of the Protected Person.
Stalking the Protected Person.

13. APPLYING FOR A PROPERTY RECOVERY ORDER
Victims Rights in a Divorce with Family Violence
• When you seek an AVO to protect yourself, you can also include
your children on the application so that these protections cover
them as well. Additional prohibitions may also prevent the
defendant from approaching you, entering places where you
live or work, or damaging property.
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• The court can make a Property Recovery Order at the same time
as the AVO to allow you or the defendant to get personal
property that may be on the other party’s premises.
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14. AVOS AND FAMILY LAW
Victims Rights in a Divorce with Family Violence
• The AVO does not mean the defendant has a
criminal conviction, but it does mean the
defendant cannot continue to approach and
abuse or threaten you or your children.
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• The Family Law Act 1975 also establishes that the
Family Court must have regard to any
Apprehended Domestic Violence Order applicable
to your family when making parenting orders.
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15. AVOS AND CHILD CUSTODY
Victims Rights in a Divorce with Family Violence
• You can apply to the court for parenting orders to be
made by the court to establish parenting
arrangements.
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• Court orders are different from a parenting plan you
and your spouse create on your own about care
arrangements for your children.
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• Parenting orders are appropriate when no agreement
can be reached and/or when you want a legally binding
court order.
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• In cases where child abuse or domestic violence has
occurred, securing parenting orders is advisable to try
to ensure there is added protection in place to keep
your children safe from a violent or abusive parent.
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16. APPLYING FOR A PARENTING ORDER
Victims Rights in a Divorce with Family Violence
• You can typically only apply for parenting orders after getting a certificate showing you have been to family dispute
resolution (mediation). However, this requirement does not apply if there has been child abuse, domestic violence, or
family violence or if you feel you or your children are at risk.
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• When applying to the court for parenting orders, without first completing mediation, you will need to complete a specific
form explaining to the court the violence and abuse you and/or your children have suffered, in order to satisfy the court
that mediation is not appropriate.
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• Parenting orders will deal with issues such as where your child lives, the amount of time the child spends with each parent
etc.The two primary considerations weighed up by the Family Courts when creating parenting orders are the benefit to the
child of having a meaningful relationship with both parents, and the need to protect children from abuse, neglect, family
violence, and physical or mental harm.
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17. WHAT’S NEXT

18. Owen Hodge Lawyers will help you apply for an AVO, seek parenting orders, and take other steps necessary to end a
marriage and protect yourself and children from domestic violence.We have helped many people through this difficult time
in their lives and we will assist you in moving forward to begin a better future.
!
Contact us today at 1800 770 780 or contact us via ohl@owenhodge.com.au to schedule a consultation with our
experienced family law solicitors and learn more about how we can assist you.
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1800 770 780
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www.owenhodge.com.au
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ohl@owenhodge.com.au