Family Violence Matters: You’ve been served.
Being the Applicant or Respondent in a Family Violence matter can be daunting. Our team of lawyers regularly appear in the ACT Magistrates Court in relation to family violence matters. We are also experienced in NSW Apprehended Domestic Violence matters.
If you have a family violence matter in any other Australian jurisdiction, we can refer you to one of our professional colleagues. This article focuses on the process for Respondents in family violence matters in the ACT. If you are the Applicant or victim of family violence, please read our separate blog here: When Love Hurts.
Knowing how the process works and how one of our lawyers can assist you can remove the stress and uncertainty from your family violence matter.
Respondent
GPG provides advice to and represents respondents in Family Violence matters and recommends that once you are served with a Family Violence Order (FVO) you abide by the conditions immediately given the criminal consequences that may follow if you breach the order.
Respondents are usually unable to communicate with the applicant directly and there may be circumstances where you need to. This is when you should engage a lawyer who can communicate with the applicant or their lawyer. You may want to collect belongings from the residential home and you will need a lawyer to arrange a time for that to happen usually with some form of police or other supervision.
You may also want to reach an agreement about how you can continue to spend time or communicate with your children. GPG is also able to draft Parental Agreements and Orders that, where agreed, will allow you to continue to see your children while a FVO is in place.
Respondents will also need advice on how a FVO may affect their employment and you will need to discuss any disclosure to make to your employer consistent with your employment conditions and duty to your employer.
A FVO will also require you to hand in any firearms to the police and some respondents may have a job where they are required to carry a weapon.
In all matters, we encourage respondents to objectively consider the allegations made against them and potential evidence that may be produced if it continues to a final hearing. You may be prepared to agree to certain conditions and restrictions in the FVO but not others. It is possible to negotiate the restrictions in the FVO and time it remains in place.
As for applicants, if the process continues to a final hearing it will become more stressful and costly. This is why the majority of the family violence matters settle – it is usually in both parties’ interest.
It is not necessarily the case that your employment will be affected if you have an FVO by consent or undertakings. You may also be able continue to see your children depending on family law orders and other circumstances of your particular case. This is why respondents should also engage a lawyer as early as possible.
GPG can support respondents to settle or defend a final hearing.
If you or someone you know has been served with a family violence order, we can help. Call our experienced team on (02) 6185 7007, make a booking online or if urgent, drop into our office at Level 7/15 London Circuit, Canberra (directly opposite the ACT Magistrates Court and City Police Station).