If you find it necessary to hire a lawyer when someone hurts you physically or psychologically (like in a random act of violence), then should you hire a lawyer if your spouse or partner physically or verbally abuses you? Well, the answer is yes! According to family law experts, under domestic violence laws in Australia, it is possible to help keep a violent partner or spouse away through the issuance of an AVO, or Apprehended Violence Order, which is sometimes known in other jurisdictions as a restraining order. Here are a couple of fast, helpful facts about a domestic violence lawyer Brisbane.
How Does One Fight, or Deal with a Domestic Violence Case?
If you are engaged in a nasty separation or divorce (or if you know someone who does), and you fall prey to physical and even emotional abuse, what should you do? Domestic violence, in any of its forms, is completely unacceptable and is mainly committed by men against women and children (although in a few cases, it’s committed by women against men and children).
Domestic violence happens across all communities, and across all income and racial backgrounds. It is not discriminatory and it includes physical violence and exploitation of power imbalances, and can even go on for years.
Domestic violence is also known to have a negative impact on those who are most vulnerable, especially the children who are exposed to the violence either as a victim or witnesses. This can have long-term effects on kids, especially with respect to their physical, psychological, and emotional welfare.
To effectively tackle this growing problem, states have created legislation to better respond to domestic violence. For example in New South Wales, legislation like the Crimes Act of 2007 (Domestic and Personal Violence Act) gives greater power to senior police officers and allows them to make and issue provisional Apprehended Violence Orders immediately after a domestic violence crime is reported.
The law also allows alleged victims of domestic violence to give their evidence in court through the audio-visual link (AVL) rather than in person. And of course, victims can also get further assistance by hiring a good domestic violence lawyer Brisbane.
The Objectives (and Benefits) of Hiring a Domestic Violence Lawyer
Now, why should you hire a domestic violence lawyer Brisbane? Well, this type of lawyer can inform you about your legal rights in the process, as well as guide you through the most favorable result possible.
One of the main objectives (and benefits too) of hiring a domestic violence lawyer Brisbane is that the lawyer can help minimize potential consequences. Why? Because the lawyer knows the ins and outs of this complex legal field and will know how to adequately put the client’s story at the forefront of the case, and help them earn a conviction.
Or, if the person is the one being sued for domestic violence, then the lawyer could help them earn an acquittal, or drastically reduce the consequences.
In a domestic violence case, the local police obtain what’s called an EPO, or an Emergency Protective Order, as soon as an individual is arrested because of charges of domestic violence. The EPO will remain active until arraignment and can either stress peaceful contact or no contact at all.
However, if the defendant hires a domestic violence lawyer Brisbane, they can negotiate their EPO (or AVO) by presenting evidence that speaks in their favor, and grants them contact with their children or other family members.
A domestic violence lawyer Brisbane can also foster better circumstances for the kids. For example, an overly harsh EPO may negatively impact the kids because it prevents the father from seeing the, or even speaking to them until their case is finalized.
If the defendant doesn’t have an experienced domestic violence lawyer at their side, the case could probably last longer, and they will not receive a peaceful EPO, which means that they will not be able to see or even speak to their children for a longer period of time.
A seasoned domestic violence lawyer Brisbane can also help speed up every process of the domestic violence case, both for the ones complaining, as well as for the defendant. This is vital, because it allows everyone to get back to their normal life more quickly, and helps them get back in touch with their loved ones a lot sooner than they would expect.
For victims of abuse, a domestic violence lawyer Brisbane can help them get much-needed financial support. Many cases of abuse or violence victims (especially women) often feel like they cannot support themselves if they were to leave an abusive marriage or relationship.
Rather than sulk and face total financial instability, some women would opt to stay in a dangerous and abusive relationships. But, with the help of a good domestic violence lawyer Brisbane, the woman can get financial support, like they can receive alimony from their ex-spouse. If the woman has children, then she can also receive child support.
A seasoned domestic violence lawyer Brisbane can also help abuse victims help gather evidence. For women who are trying to gain custody of their children, the evidence gathered will help the courts decide whether or not to give the woman partial or full custody.
A good domestic violence lawyer Brisbane will also know what types of evidence to look for, to help their clients get the best outcome for their case. They can help clients sort through mobile phone messages, social media posts or comments, or even injuries that the woman got from her abuser.
There are actually different types of domestic abuse. Whether you’re experiencing physical abuse, financial abuse, psychological abuse, or even sexual abuse, you can find help. Like, if your spouse is sexually abusing you, a sexual assault lawyer or a domestic violence lawyer Brisbane can help you file a protective order, or an AVO, to regain your safety, as well as the safety of your children.
But, if you need a restraining order because you believe that you’re in imminent danger from your potential abuser, then your domestic violence lawyer Brisbane can help you to prove in court that you do indeed need a restraining order if only to prevent any possible violence or abuse from happening.