In determining what a domestic violence order is, you have to understand the different jurisdictions of the Magistrates court, which has a civil jurisdiction and a criminal jurisdiction. A DVA falls within the civil jurisdiction until there is a breach, which then becomes a criminal matter.
If you have been served with a DVA, whether that be police-initiated or private application, once charged with an offense of contravening a domestic violence order, you can be liable to a period of imprisonment of three years.
After you are informed by the police that they are investigating you for committing an offense, you may be asked to come to the station to conduct an electronic interview. You may or may not be under arrest at this time.
Quite often people attend our Free One Hour Consultation wanting to find out what they can do in cases where a former partner has run away with a child or children and the whereabouts of the children is unknown.
Q: How does the Family Court determines the best interests of children?
The answer to this may depend of the circumstances of your situation such as whether or not there are current court orders in place and also the child’s age.
If you have been disqualified by a court from holding or obtaining a driver’s licence for a period of more than three years or you are disqualified for life, you can apply to get your driver’s licence back before the disqualification ends. It should be noted however that there is a specified waiting period you must serve before applying to get your licence back.
Q: How can I apply for Divorce if we separated but to continue living in the same home during the 12 months before applying for divorce?
If you don’t immediately recognise those words, it’s because they’re from the second verse of the Australian anthem. You know, the verse that no one knows the words to.
Q: Can I apply to get my licence back after being disqualified?
Consider the case of ‘Ali’ from Iraq. Ali (not his real name) fled Iraq because of threats against him from militias because of a family member’s history in the Ba’ath party. Although Ali was never in that party, he was targeted by association, a common and continuing problem in Iraq.
Q: Does having a Violence Restraining Order (VRO) against me mean I have a criminal record?
UN finds Australia’s treatment of asylum seekers violates the Convention Against Torture The United Nations Special Rapportuer on Torture has found that various aspects of Australia’s asylum seeker policies violate the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Q: Can I apply for a parenting order if I am not a parent of the child?
Q: Should my property settlement be split 50/50?
Q: Why do I need to go to a Family Dispute Resolution? Can I go directly to Court?
#1 Your children
If your children are under the age of 18 years, you can choose to nominate guardians for them in your Will and make arrangements for their maintenance and education.
Q: Can I relocate to another state or country with my children? What if there are currently existing parenting orders?