Domestic Violence

Domestic violence and family violence are serious issues.  Our primary concern at Certus Family Law is ensuring that people who have experienced domestic violence feel safe, supported, and are protected to the full extent of the law.

The Domestic and Family Violence Protection Act defines domestic violence as behaviour by a person towards another person with whom the first person is in a relevant relationship that –

Furthermore, the family Law Act defines family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful.

Initiating a private DV Application

If you or your children have been experiencing domestic violence or family violence and you are fearful for your safety we are here to support you and provide advice on the options that are available to you so that you can bring the violence to an end and safely move forwards.

Certus Family Lawyers will take your unique situation and needs into account and advise you whether initiating a private application to the Magistrates Court is the most appropriate method to ensure that you are protected moving forwards. If initiating proceedings for a protection order are appropriate, we are able to complete the required documents and appear as your advocate at the Magistrates Court hearings so that you feel supported throughout the entire process.

A domestic violence protection order can protect both yourself, your children and your family members or associates

Whilst reaching our is often the first step to freeing yourself, we understand that you may be worried about your spouse finding out where you are living if you have relocated or that you have been speaking with a solicitor. We can ensure that the court does not release your current address throughout the application process and we can correspond with you in person, via email or over the phone to ensure you feel comfortable and supported. If you would like specialised advice please call our experts on 07 3106 3016.

Defending Private DV Application

Unfortunately, when couples separate there can be occasions where one party elects to file a false or misleading Domestic Violence Application with the court in an attempt to gain an advantage in ongoing parenting negotiations or property settlements.

The Magistrates Court, Family Court and Federal Circuit Court are equipped to provide genuine victims of domestic violence and family violence with protection and put in place mechanisms to ensure their protection. The courts however do not look favourably upon vexatious or misleading allegations of domestic violence or family violence.

Certus Family Lawyers have vast experience in successfully defending false and malicious Domestic Violence applications in the Magistrates Court. If you feel you have been wrongly accused of Domestic Violence or Family violence, contact us on 07 3106 3016 so that we may discuss how to best defend your matter so that you can focus on moving forwards.

Defending Police Initiated DV Application

The Police have broad powers under the Domestic and Family Violence Protection Act to initiate proceedings when they attend a domestic violence matter. If the Police have initiated a Domestic Violence Application and served you with an appearance to attend the Magistrates Court, we can appear on your behalf at the hearing to defend the application or initiate a dialogue with the prosecuting officer.

If you would like to discuss your options please contact us on 07 3106 3016 so that we can provide you with a confidential advice suited to the facts of your case.

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