Experiencing domestic violence can be frightening, isolating and overwhelming. If you are experiencing physical violence, threats, intimidation, controlling behaviour, stalking, financial abuse or other forms of family and domestic violence, you may have legal options to help protect yourself and your children.
In Western Australia, family and domestic violence is not limited to physical assault. It can include behaviours intended to control, intimidate, threaten or make a person feel unsafe. Legal protections may be available even where the abuse is not physical.
If you are concerned about your safety, speaking with a domestic violence lawyer Perth can help you understand your legal options and the steps that may be available in your circumstances.
If you or someone else is in immediate danger, call 000. For non-emergency police assistance in Western Australia, call 131 444.
What Is Considered Domestic Violence?
Domestic violence, also referred to as family and domestic violence, can take different forms. It may involve physical or sexual violence, emotional or psychological abuse, financial abuse, stalking, harassment, isolation, threats or coercive and controlling behaviour.
You do not necessarily have to wait until physical violence occurs before seeking help. If someone’s behaviour is making you or your children feel unsafe or threatened, it may be appropriate to seek legal advice about your options.
A domestic abuse solicitor can help you understand how the law may apply to your circumstances and whether protective orders or other family law steps may be appropriate.
Apply for a Family Violence Restraining Order
One of the important legal options available in Western Australia is a Family Violence Restraining Order (FVRO).
An FVRO is designed to protect a person from family violence. Depending on the circumstances, conditions can restrict the other person from contacting you, approaching you, attending your home or workplace, or engaging in specified behaviour.
An FVRO application can generally be made through a Magistrates Court. There is no fee to apply for an FVRO. A lawyer can provide advice and assist with the application where appropriate.
If an FVRO is breached, the breach can constitute a criminal offence and may result in serious consequences.
What If You Need Urgent Protection?
If you are at immediate risk, contacting the police may be the first step. WA Police can issue a temporary Police Order in appropriate circumstances. A Police Order can provide short-term protection while you consider further legal options. Police Orders can last for up to 72 hours.
If you require longer-term protection, you may wish to obtain legal advice about applying for an FVRO.
A domestic violence lawyer Perth can help you understand the difference between immediate police protection, an FVRO and other legal options that may be relevant to your circumstances.
What About Children Experiencing Family Violence?
If children are involved, their safety should be an important consideration. Family violence can affect children even when they are not directly physically harmed.
Depending on the circumstances, legal orders may be available to protect children from exposure to family violence. The Family Court and Children’s Court can also have powers to make orders concerning safety and protection in appropriate cases.
If you are dealing with family law proceedings involving children and domestic violence, it is important to tell your lawyer about the circumstances so that appropriate safety considerations can be addressed.
How Can a Family Lawyer Help?
Family violence matters can involve more than one area of law. You may need advice about restraining orders, parenting arrangements, separation, property matters or other family law issues.
Family Lawyers Perth can help you understand the legal process and discuss the options available based on your circumstances. Getting advice early can also help you understand what documents or evidence may be relevant to your matter.
If you are uncertain about your rights or the appropriate next step, speaking with the best family lawyers Perth can help you make decisions with a clearer understanding of the legal process.
What Evidence May Be Relevant?
Depending on your circumstances, useful information may include messages, emails, photographs, medical records, police reports, financial records, witness information or other documentation relating to the alleged behaviour.
Do not put yourself at greater risk to collect evidence. Your immediate safety should always come first.
A lawyer can explain what information may be relevant and how it may be used in your particular circumstances.
What If You Are Afraid to Leave?
You do not have to make every decision at once. If you are experiencing domestic violence, support services can help you develop a safety plan and understand your options.
The Western Australian Government recommends seeking support and making a safety plan whether you are planning to leave the relationship or remain in it. If you believe your phone or device is being monitored, consider using a trusted person’s phone when contacting support services.
Free and specialist support is also available through services such as Legal Aid WA’s Domestic Violence Legal Unit and other community and family violence services.
Why Should You Get Legal Advice?
Every domestic violence situation is different. The right legal option can depend on your relationship with the other person, the nature of the behaviour, whether children are involved, whether there are existing court orders and whether there are current family law proceedings.
Speaking with Perth Family Lawyers can help you understand your legal rights, possible protective orders and the steps involved in family law proceedings.
You do not need to wait until the situation becomes more serious before seeking legal information. Early advice may help you understand your options and make informed decisions about your safety and your family’s future.
Frequently Asked Questions
What should I do if I am experiencing domestic violence in Perth?
If you are in immediate danger, call 000. For non-emergency police assistance, call 131 444. You can also contact specialist domestic and family violence services or seek legal advice about your options.
What is a Family Violence Restraining Order in WA?
An FVRO is a court order intended to protect a person from family violence. It can include conditions restricting contact, communication, proximity or other behaviour by the person subject to the order.
Can I apply for an FVRO without a lawyer?
You can apply for an FVRO through the relevant court, and legal assistance may be available. However, obtaining legal advice can help you understand the process, prepare your case and consider the conditions that may be appropriate.
Can domestic violence affect parenting arrangements?
Yes. Family violence can be relevant to parenting matters, particularly where there are concerns about the safety or wellbeing of children. The Family Court can make orders intended to protect children and other people involved in a matter.
When should I speak to a domestic abuse solicitor?
Consider obtaining legal advice as soon as you have concerns about your safety, an existing or potential restraining order, parenting arrangements or another family law issue connected with domestic violence.
Where can I get family law advice in Perth?
You can seek advice from Family Lawyers Perth, Legal Aid WA, community legal services and specialist domestic violence support services. Legal Aid WA also provides specialist assistance for eligible people experiencing family violence.
