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Going through a divorce can be traumatic enough in and of itself. If it is coupled with family violence there can be disastrous consequences for victim and for any children involved.
According to the Australian Bureau of Statistics [(2006) Personal Safety Survey] approximately 1 in 3 Australian women have experienced physical violence during their lifetime, nearly 1 in 5 women have experienced some form of sexual violence and nearly 1 in 5 have experienced violence by a current or previous partner.
What is “family violence”?
Section 4AB of the Family Law Act 1975 considers the definition of family violence, as follows:
at a time when the family member is entirely or predominantly dependent on the person for financial support, or
Section 4AB also gives a definition of the circumstances under which it will be determined that a child has been exposed to family violence.
For the purposes of this Act, a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.
The broad definition contained in Section 4AB of the Act is not exhaustive. Even though conduct may not be specifically mentioned in the definition, the courts (through section 60CC(3)(m) of the Act) may still take such conduct into account.
What can you do if you are facing family violence?
There are many support services available if you are experiencing family and domestic violence. It is important to remember the following:
This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office on Freecall 1800 609 945 or email us now.
*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.
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