Domestic & Family Violence
You Don't Have To Face This Alone
Domestic and family violence (DFV) is far more common than many people realise, and it takes many forms. It is not always physical. DFV includes any behaviour used by one person to control, dominate, or cause fear in another within an intimate relationship, family relationship, or informal care relationship.
This can include physical, sexual, or emotional abuse, intimidation, coercive control, financial abuse, threats, or a pattern of behaviour designed to dominate another person through fear. Coercive control, where one person uses ongoing abusive behaviours to maintain power over another, is increasingly recognised as a central feature of DFV.
It is also increasingly being recognised in property and financial matters in the Family Law Courts, as a factor for increasing the percentage entitlement to the person who suffered or endured domestic violence throughout the relationship.
At Millar Trost Legal, we approach every DFV matter with sensitivity and without judgement. Whether you are seeking protection or responding to an application, we are here to help you navigate the legal process clearly and with confidence.
Applying For A Protection Order
- The affected person directly
- An authorised person, such as a friend, relative, or welfare worker, on your behalf
- A police officer on your behalf
Responding To A DFV Application
If you have been named as a respondent on a Protection Order application, there are several options available to you, each with different implications:
1. Seeking Withdrawal of the Application
A solicitor may be able to negotiate the withdrawal of the application, often in exchange for a formal undertaking not to commit acts of domestic violence and to comply with agreed conditions. An undertaking is not a Court Order, which means it cannot be enforced in the same way, but it can be used as evidence in future proceedings.
2. Consent Without Admissions
You may agree to a final Protection Order being made against you without admitting to any of the allegations. The conditions can be negotiated. While this resolves the matter quickly, it is important to understand that breaching a final Protection Order is a criminal offence, and the Order may affect your eligibility to hold a weapons licence.
3. Contesting the Application
If you dispute the allegations, you have the right to contest the application. This involves filing an affidavit, attending a hearing in the Magistrates’ Court, and presenting evidence before a Magistrate. While this option allows for a no-order outcome, it is more costly and time-consuming. A positive finding of domestic violence can have implications in related family law proceedings.
The Overlap With Family Law
DFV matters frequently intersect with family law proceedings, particularly in relation to parenting arrangements and property settlements. As experienced family lawyers, we understand this overlap and will ensure your interests are comprehensively protected across all related proceedings.
If you are in immediate danger, please call 000.
For legal advice, please contact our family law team.