Domestic and Family Violence (DFV) is a term used to describe a pattern of behaviour in familial relationships where one person is in control of another, whether it is physical violence or coercion. While most people think of DFV in the context of romantic relationships, it extends to other relationships where there is coercive control or physical, psychological, financial, emotional, sexual abuse, or stalking. 

We might have come a long way, but there’s still plenty of work to do as a society in terms of protecting domestic violence victims. At AJB Stevens, we work with you to find legal remedies that help you rebuild your life away from the pattern of violence that has controlled you for so long. The law can be daunting and we want to break it down to provide clarity around the available legal options.

Legal Remedies for Domestic Violence Victims 

According to the Australian Institute of Health and Welfare, around 20% of the Australian population reported that they had experienced physical or sexual family violence (since the age of 15). Around 11% of those were at the hands of a partner and 7% from another family member. 

If you are a victim of domestic violence, you can call the police for intervention. Every police station in New South Wales has at least one Domestic Violence Liaison Officer (DVLO) who will assist you. They can arrest the perpetrator and protect you from further violence. It’s important that you report incidents of abuse so there is a record in place, which can help you secure an Apprehended Domestic Violence Order (ADVO) or a Family Law Order. 

The first legal protective option available to domestic violence victims is an ADVO. An ADVO is a court order designed to restrict the perpetrator from contacting the victim. It generally involves applying certain conditions, whether it’s prohibiting the perpetrator from entering a family home or coming within a certain distance of someone’s place of work, etc. 

The court can issue a Family Law Order to protect domestic violence victims. These typically come in the form of property settlement orders, spousal maintenance, and parenting orders. While these are normal family law proceedings in the event of a marriage dissolution, they can also help protect abuse victims from further violence. 

You should work with a family lawyer who will help you understand your options and your legal rights. Not only will they provide you with advice on whether to obtain an AVO and how to file for divorce, but they will also provide you with the other options at your disposal to keep you safe while you rebuild. 

The New South Wales government recommends various support resources for victims of domestic family violence, including the NSW Domestic Violence Hotline 1800 656 463, which is always open.

Overcoming Challenges in the Legal System 

While we rely on the system to support victims of family violence, the reality is that there are challenges within the system, which is why it’s so important to work with experienced family lawyers. 

For many victims, the fear and risk of retaliation can be paralysing and for this reason, many choose not to come forward. Leaving is often the most dangerous period for a victim of family violence. It’s important to create a plan for escape. Part of that plan includes saving money because often, victims of family violence are financially dependent on their abuser or the abuser is using money to coerce and control. 

There’s a heavy emotional and psychological burden on victims of family violence and it’s difficult to navigate the legal process when you’re still processing the trauma you’ve been through. Unfortunately, fear, trauma, and shame can keep victims from pursuing justice and many aren’t even aware of their legal rights and options, which is why it’s so important to reach out for legal support.

The Role of Legal Support 

Legal advice is crucial to the process, especially if you share property or children with your abuser. You need to know your legal rights. Many abusers use children as a way to keep their victims under their control, making threats about custody or money. It’s rarely accurate information, they’re simply leveraging whatever they can to keep their victims under their control. 

AJB Stevens are family law specialists and a member of our team will sit down with you and discuss how we can help you put systems in place to keep you safe while taking steps to ensure your abuser is held to account. 

How AJB Stevens Can Help 

At AJB Stevens, we specialise in family law. 

Can we help you? 

Yes, if you’re experiencing family violence, going through a divorce, thinking about separation, or worried about property settlements, parenting orders, or financial agreements, then we’re the right team to call. We understand how sensitive family matters can be, especially when there’s violence in the home. We will always treat you with the utmost respect and ensure your privacy as we help you navigate this difficult time. 

Get in touch to talk to an expert today.