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    Family law
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  • Home
  • About us
  • Resources
    • Family law
    • Consumer rights
    • Neighbour disputes
  • THE LEAGLE BLOG
  • Sponsor the Eagle
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THE LEGAL EAGLE - LAW MADE EASY
Family Law

What is family violence?

domestic-violenceWhat is violence?

Family violence – means violence, threats or other behaviour by a person that coerces or controls a member of a person’s family, or causes a family member to be fearful.

A child is exposed to family violence even if the child sees or hears family violence.

The Family Law Act gives examples of what violence is, and they include:

  • Being assaulted which can include being pushed, slapped, punched and even threatened with physical violence
  • Being sexual assaulted or other sexually abusive behaviour
  • Being stalked
  • Having derogatory taunts said to you
  • Having someone intentionally damage or destroy property
  • Having someone cause injury or death to an animal
  • Being denied financial independence to conduct your daily affairs or having financial support taken away so that you can’t meet your daily needs.
  • Being denied access to your friends, family, church and/or your culture
  • Being denied of your liberty by being confined at home with no right to come and go.

Family violence may also amount to abuse of a child.

Child abuse means:

♦ An assault, including a sexual assault, of the child; or

♦ When a person involves a child in a sexual activity with themselves or another person in which the child is used, directly or indirectly, as a sexual object by them or the other person, and where there is an unequal power in the relationship between the child and the first person; or   
♦ Causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or

♦ Serious neglect of the child.

Court orders to stop violence

If you experience violence or fear violence in a domestic or family relationship you can apply for an order from the court to help stop that violence. Even if you are waiting for your matter to be heard by a court you can get an interim or urgent order very quickly which will have the same effect. The police may also press charges against the person who is being violent. Each Australian state has its own laws regarding violence orders and the actual name of the orders varies between states.

The video below talks a little about this and please do not feel you need to call the legal business that created the video when they give their contact details at the end. There are plenty of FREE community legal centres and other organisations that can help you:

An AVO made in any state or territory of Australia can be registered for enforcement in any other state or territory if the need arises. You may be able to apply for another type of order for your protection if you are afraid of a person with whom you are not in a relationship. In every state and territory, a person who breaches an AVO commits a criminal offence. This may lead to them being arrested. In NSW a conviction for breaching an AVO can lead to a fine of $5,500 and/or imprisonment for up to two years. The courts take a very dim view of people who breach AVO’s.

If you need information, support or help

Call: 1 800 RESPECT (1 800 737 732)

If you don’t feel comfortable about using the phone and want to talk to them online-

Use this LINK

If you are a child or a young person, and you need to talk about what’s happening at home with mum and dad you can call the Kids Help Line on 1800 551 800 :
For more information about the help line use this LINK

These services are available at all times. (24/7)

If  RIGHT NOW  you are in anyway worried about you or your children’s immediate safety or are being threatened with violence:

Call: 000 (24/7)

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Family Law

Help to save your marriage or relationship

unhappy coupleThe “happy” couple circa 1902

How can relationship counselling help couples?

• If you and your partner want to save your relationship, counselling allows you to explore your problems with the help of an independent counsellor or therapist who won’t take sides.

• You can learn new ways to recognise and resolve conflicts as a result of the tools provided by the therapist.

• Both of you can learn how to improve the way you communicate with each other that may have made your past interactions not very pleasant. For example, it’s not uncommon for couples to reach a point where you both can lose the ability to be vulnerable and trusting of one another. Counselling can help rebuild that trust.

• It can help you decide whether to rebuild your marriage and make a renewed commitment, or clarify the reasons why you need to separate or end the marriage.

For relationship counselling to be effective, both of you need to be willing to take responsibility for reaching this point in the relationship, accept each other’s faults, and be motivated to repair the relationship.
It’s also important to have realistic expectations. It often takes more than a few sessions to shed light on why things aren’t working, and to begin the process of change.

So if you’ve reached a bump in the road but still want to continue your journey together, then read on!

Relationship Counselling

Relationships Australia  offers relationship (and family) counselling.
They can even facilitate counselling if you can’t agree on how to ‘parent’ your children.

Relationship Courses

Relationships Australia also offer some great courses to support people in developing  relationship skills or to offer guidance and support for the difficult times.

Most of their counselling services are conducted face-to-face, but they also offer online and telephone counselling for people in remote areas (in some states) and for anyone with special needs. They have even been known to offer ‘farm gate’ services  at clients’ homes in remote or rural areas.

couple embracesCounselling can help a couple to:

  • Understand the relationship they currently share
  • Rediscover why they were attracted in the first place
  • Find out what they now want from their relationship and from each other
  • Understand how they contributed to whatever their relationship has become
  • Discuss what they feel about each other now
  • Discuss what they are prepared to do to make this relationship work.

Their counsellors don’t:

  • Make judgements on who is right or wrong;
  • Take sides;
  • Tell clients what to do;
  • Persuade people to stay together or to separate.

But they do provide a great environment to work things out.

Cost

Cost is always a concern and you will be pleased to know that Relationships Australia are a non-profit organisation. Because of this, they have a real commitment to providing affordable services to couples needing counselling.

Their fees vary slightly across different states and territories and are either a fixed rate, or else determined on a sliding scale based on gross household income and number of dependents. So if you and/or your partner on a low income, pension or benefit that will be taken into consideration when calculating the cost (if any).

Also, if the only time you can both make it is after work, there is a surcharge on most after-hours appointments. Their caring staff will inform you about the costs involved when you call for an appointment.

Relationship Australia’s services are for all members of the community, regardless of religious belief, age, gender, sexual orientation, lifestyle choice, cultural background or economic circumstances.

Give then a call if you need help in solving your relationship problems:

1300 364 277 (9am-5pm  Mon-Fri)

(Smaller regional offices may have more limited hours.)

2 courses that may offer you some assistance are:

  • Building Couple Relationships Program
  • Self Esteem and Communication Course

Cost of courses

Fees are usually on a sliding scale depending on your income, and concessions and fee waivers are available for low income earners. Aboriginal and Torres Strait Islander persons are not required to pay fees, but may make a donation if they so wish.

Give them a call about these courses if you think they would suit you both more:

1300 364 277 (9am-5pm  Mon-Fri)

Family Relationship Centres

These are Government-funded centres (mainly run by Relationships Australia), offering a place where all Australian couples (and families) can go to access information and advice with confidentiality on:
  • Building and strengthening existing relationships
  • Early intervention and prevention services
  • Child-friendly services for families in conflict
  • Family dispute resolution services
  • Parenting plans
  • Re-partnering and stepfamily arrangements
  • Child-focused workshops and information and referral
  • Child-inclusive workshops.

Family Relationship Centres also offer a range of services and programs, which are aimed at families at all stages of their life, including people starting relationships, those wanting to make their relationships stronger, those having relationship difficulties and those affected when families separate.

You can also use their website to find a registered family dispute resolution provider

Check out your nearest location HERE or give them a call on the line below

Give them a call if you need information about services to help people maintain healthy relationships or family relationship issues.

Your call will be treated as anonymous and confidential.

1800 050 321   (8am-8pm, Mon-Fri & 10am-4pm on Sat)

Mensline

MensLine  is the national telephone and online support, information and referral service for men with family and relationship concerns. The service is available from anywhere in Australia and is staffed by professional counsellors, experienced in men’s issues.

Confidential, anonymous and non-judgmental support is offered as well as coaching and practical strategies for managing personal relationship concerns.

Don’t keep your worries bottled up, it just isn’t worth it.
They are a great organisation and really would like to hear you out, and help make your relationship stronger.

Give them a call for support and information regarding your family and relationship concerns.

1300 78 99 78   (24/7 – Nationwide)

Worried about violence?

It’s great that you want to save your relationship but if it’s suffering because of the effects of sexual assault, domestic or family violence, have a chat to the professionals at 1800RESPECT  (1800 737 732).

Violence, whether physical or emotional, is never acceptable in ANY relationship.

Anonymity and confidentiality is assured with crisis and trauma counselling service offered around the clock.

Give them a call for support and counselling if you have even the smallest concerns about violence towards you and/or the children.

1800 737 732   (24/7 – Nationwide)

If you are feeling unsafe right NOW:   CALL  000   (24/7)



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