Divorce and Domestic Violence Matter
The client is residing in a property in Western Australia that has been adapted for disabilities and has two children. She has initiated divorce proceedings against her husband due to his infidelity and is experiencing challenges in having him vacate the property. The situation has escalated to involve law enforcement due to incidents of domestic violence. The legal matters at hand include divorce, property dispute, and addressing issues related to domestic violence.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to get my husband legally removed from the property given the history of domestic violence?
To have your husband legally removed from the property, you may apply for an occupation order under family law. This order can mandate your husband to leave the property and prohibit him from returning, especially given the history of domestic violence. It's crucial to demonstrate that his presence poses a risk to you and your children. Consider seeking assistance from legal professionals who specialize in family law.
How does the divorce process affect my ability to secure the property for myself and my children?
In divorce proceedings, securing the property for you and your children hinges on financial settlements and the welfare of the children, which the court prioritizes. You may be granted rights to the home, particularly due to its suitability for your child's needs. Additionally, applying for an occupation order may provide exclusive rights to live in the property during proceedings.
Are there any legal protections in place for me and my children given the violent behaviour that has occurred?
Given the reported violent behaviour, you and your children may be protected under family law, which allows you to seek a non-molestation order to prevent harassment. An occupation order could also be requested to temporarily remove him from the property if you meet certain criteria, such as risk of harm. Legal aid may be available considering your involvement with domestic violence.
What evidence or documentation should I gather to strengthen my case for sole occupancy of the property during the divorce proceedings?
To strengthen your case for sole occupancy during divorce proceedings, gather evidence such as police reports related to domestic violence, statements from witnesses, medical records, financial documents that demonstrate your ability to maintain the household, and any legal correspondence regarding restraining orders. These documents will help substantiate the necessity of securing the residence for your safety and your children's welfare.
How could the status of the property as a 'disabled house' impact the divorce settlement or my rights to remain in the property?
The status of your home as a 'disabled house' could significantly affect your divorce settlement and rights to stay there. The court may view the necessity of remaining in the adapted home as essential for your well-being and that of your children. This may also influence the financial settlements, acknowledging potential costs of relocating. For detailed guidance, consulting legal resources specific to housing rights in divorce is advisable.
