Domestic violence occurs when one person harms another person with whom they have or have had some sort of relationship. Dealing with domestic violence can be challenging, both emotionally and legally. Acts of domestic violence can leave a lasting impact on children in a number of devastating ways, either as victims or witnesses of abuse. Children exposed to domestic violence are more likely than their peers to grapple with a host of long-term difficulties, ranging from behavioral and social issues to emotional and cognitive problems. These crimes carry heavy fines, mandatory classes that last a year, and jail and prison sentences, and they are defined as crimes of moral turpitude. Domestic Violence crimes also can have grave immigration consequences and can lead to deportation. Many times, when children are involved. If you are the victim of domestic violence, you have a number of options available. These include reporting the violence to the police, leaving home temporarily, permanently or staying in your home and getting the person who is harming you to leave. The consideration is securing your safety and we can provide legal advice as to most appropriate steps to take.
Once you are safe, consideration needs to be taken as to your future plans such as:
• Whether you wish to permanently separate from your partner
• Whether you want to take action to keep the violent partner away from you
• Protecting your rights to the family home whether this involves preserving your interests after you have left the property or maintaining your interest whilst you remain there
• Ensuring that appropriate contact arrangements are in place between the children and your former spouse or partner.
Additionally, victims of domestic violence may consider retaining a Gold Coast domestic violence lawyer and here are ways a domestic violence lawyer can help:
• Get a protection or restraining order in place
Victims of domestic violence can seek a protective order (restraining order) which may prohibit the abuser from making contact, coming within a certain distance of the victim or possessing firearms. In certain situations, a protective order can also require that the abuser move out of a home shared with the victim.
• Filing a domestic violence lawsuit
A domestic violence lawsuit is a civil lawsuit that allows a victim of domestic violence to recover for any medical expenses or financial loss or pain and suffering caused by the domestic violence.
• Filing for divorce
If the perpetrator is a spouse, a domestic violence attorney can assist you through the divorce process, including your right to spousal support and receiving your share of marital property.
• Custody of your kids
If the abuser is also a parent of your children, a domestic violence attorney can help you get custody of your child as well as child support from the other parent.
• Represent you in court and deal with the abusive party
A Gold Coast domestic violence lawyer will be your advocate in court, obtain and complete the required documents and deal with the opposing side throughout the legal process.
Domestic violence is an area of law which is changing constantly, with the government passing new laws frequently to help protect victims and potential victims of domestic violence. All laws related to domestic violence are governed by the “Family Law Act.”
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