Many clients come to us for advice not only in relation to family law issues but also potential criminal or quasi-criminal issues due to events that occurred throughout the relationship, at separation or following.
As separation can often be a very difficult and highly emotional time, some parties can say or do things that would otherwise cause the other person to be fearful of them. It may also be the case that parties who have been abusive or aggressive during the relationship, become more so at the time where the other party wants to leave, heightening fear and making it difficult to navigate separation safely and effectively.
It is therefore important that you seek advice or get assistance in relation to the steps that can be put in place to protect you and your children or any one in a domestic relationship with you from the other party. If you have any questions about whether you should seek an Apprehended Domestic Violence Order against the other person, or what sort of orders you can request, please contact New South Wales Police. They have the capacity to seek an order on your behalf, or alternatively you can apply for an order yourself to protect you from the other party.
Orders can be sought that the other party be prevented from stalking, intimidating or harassing you, not coming within a certain distance from your home or another location and not damaging property. A court can order that the other party not contact or approach you at all depending upon the circumstances of what has occurred.
It can sometimes be the case, however, in family law matters that one party will seek an Apprehended Domestic Violence Order without having genuine fears, or after receiving advice that it may further or strengthen potential family law proceedings. In those circumstances, the other party who has been served with the Apprehended Domestic Violence Order can defend that Application or otherwise agree to it on a "without admissions basis". This means that you agree to the orders but do not acknowledge the allegations made against you. It is important that you seek advice from a lawyer with respect to the implications of any Apprehended Domestic Violence Order prior to attending Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
