Divorce and Domestic Violence Case
The client, located in Victoria, is navigating the complexities of a divorce and has raised significant concerns regarding incidents of domestic violence during their marriage. There is documentation of a police statement supporting the claims made by the client. The client has children and has taken initial steps to ensure safety by applying for intervention orders. There has been no shared property between the client and their spouse, indicating straightforward property division.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat evidence do I need to gather to support my claims of domestic violence in my divorce proceedings?
To support claims of domestic violence in divorce proceedings, it's essential to collect a range of evidence including medical records that document any injuries, photographs that show injuries or property damage, witness statements from individuals who may have witnessed the incidents, and any relevant communication like text messages or emails that could indicate threats or admissions of violence. Existing documentation, such as police statements, is crucial, and any further official reports can strengthen the case. Keeping a detailed log of any ongoing threats or harassment is also advisable.
How does the presence of domestic violence affect the division of property and spousal maintenance?
Domestic violence can significantly affect both property division and spousal maintenance. Generally, property settlements are based on contributions made by each party and their future needs, but the presence of domestic violence may lead to considerations for the victim's needs. The court might award a larger share of the property to a victim if the abuse has affected their ability to earn a living. Similarly, if domestic violence has impeded a victim's financial independence, the court may order spousal maintenance to assist them after the divorce.
What legal protections are available to me and my children during the divorce process to ensure our safety?
During the divorce process, several legal protections can be sought to ensure the safety of you and your children. Applications for a Family Violence Intervention Order can provide a legal barrier between you and the perpetrator. Additionally, the Family Court can issue parenting orders that focus on safety and welfare, possibly limiting contact with the abusive parent. Informing the court of any concerns is critical to putting necessary protections in place.
How does a history of domestic violence influence custody arrangements and parenting orders in my case?
A documented history of domestic violence will heavily influence custody arrangements and parenting orders. The Family Law Act prioritizes the best interests of the child, which includes their safety. Evidence of domestic violence can lead the court to restrict or supervise a non-residential parent's contact with the children, reinforcing the need for a safe environment.
What are the steps involved in obtaining a Family Violence Intervention Order, and how might it impact my divorce case?
To obtain a Family Violence Intervention Order, an application must be submitted to the Magistrates' Court, followed by a preliminary hearing. If contested, there may be additional hearings. An interim order can provide immediate protection. This order may also play a significant role in divorce proceedings, influencing custody considerations and emphasizing the necessity of protective measures.
How can I find free legal assistance for my case?
To find free legal assistance regarding your divorce and domestic violence case, consider contacting a local Community Legal Centre, which often offers no-cost legal advice and support. Additionally, Victoria Legal Aid may assist if you meet their eligibility requirements. The Women's Legal Service Victoria specializes in helping women facing domestic violence and can provide important support and resources.
