The definition of Family Violence is broad. Family Violence is not just physical abuse. It also includes repeated derogatory remarks, damaging property, financial control or stalking or cyber-stalking. With the advancement of technology, perpetrators are finding new and inventive ways to continue to harass and abuse their victims.
A new Bill has been proposed to Parliament following the tragic death of Hannah Clarke and her three children. This Bill proposes to clarify the law surrounding Parental Responsibility under the Family Law Act 1975 (“the Act”).
Hopefully, you have been keeping up to date with our previous blogs in relation to Family Violence Restraining Orders (“FVRO”).
If not, you can easily access them by clicking here.
This blog will be focused on FVRO’s and how they can affect financial issues.
As a firm specialising in family law and wills and estate matters, we see the impact that separation, death and family disputes have on people of all walks of life, every day. There is a known link between serious life events such as these, having a substantial impact on personal wellbeing, often for prolonged periods of time.
These issues permeate our society and today, we would like to remind our clients and our wider network that it is okay to talk, and there are always avenues and people who are willing and able to help you.
The Scenarios….what might happen and how do I deal with it?
There is an overlap with Family Law and Criminal Law in the form of Family Violence Restraining Orders (“FVRO”). At Butlers, we are able to assist you with obtaining an FVRO or can represent you, if you are the person receiving the FVRO. Over the next four blogs we outline some of the common scenarios faced by people who obtain or receive an FVRO.
Part 1 - Criminal Law and Family Law Intersection
The neighbour next door is divorcing his wife.
So, you can no longer see your children, because you are subject to a Family Violence Restraining Order (“FVRO”) that extends to, and protects, your children. What are your options?
There is an exception allowing you to live with, spend time with, or communicate with your children, as long as there are Family Court Orders in place, allowing you to do this.
One Day…Every Day
By the time this blog has been posted “on the line” (thank you Vince Vaughan) the 25th of November will have well and truly been gone.
Why is that day so important you ask? It’s White Ribbon Day, the National Day to stop Men’s Violence against Women.
You know, when I sit back and think about this I’m almost dumbfounded. We’re about to roll into 2016 and Domestic Violence amongst both women and men continues to be an issue. Let’s see, we’ve legalised gay marriage in some countries, equal pay for men and women is being championed by many, women are being considered (and are given) jobs which were only once reserved for men, and for God’s sake they have even legalised marijuana in 2 states in America.
Navigating the Family Court
The Family Court of Western Australia is not the sort of place anyone wants to end up in. However, in some matters, it is unfortunately unavoidable. Should you ever find yourself parking under the Perth Concert Hall, and the only show you’re going to see is your life played out publically in front of you (and your ex-partner and respective Solicitors with front row seats), here are a few hints that may make a pretty tough situation a little easier:
Security Check: When you enter the Court, you will be required to walk through a metal detector, and your belongings will be run through a scanner machine, a la the Airport. I’ve seen the security guards confiscate all sorts of sharp metal objects, so leave these at home. I’m sure that whoever penned the The Little Book of Calm would tell you to also take the opportunity to close your eyes, and pretend that you are about to board a plane to some exotic location. No judgment - whatever works for you.
When love hurts...
I’m a glass half full kind of guy. I like to think that we live in a world where for the most part people are decent.
Now, you don’t have to be a sports fan like myself to know the trouble the National Football League is facing in light of the recent Ray Rice domestic violence incident. The video footage released by TMZ showed the Baltimore Raven’s star running back strike his then fiancé, Janay Palmer, with a left hook which led to her head being bounced off an elevator rail. It was enough to make anyone feel absolutely sick to their stomach.
“Are you not entertained?”- Why family violence is currently front page material for all the wrong reasons
Anyone who knows me knows that I am a bit of a cliché when it comes to being a redhead with a temper. The issue that has recently attracted my ire is that of the deranged chef in Queensland who brutally murdered and then ATE his partner. To say this crime is horrific is an understatement. However, what is more horrific is the front page of Queensland’s own Courier Mail in response to the crime. The front page showed a picture of the victim wearing a bikini and in a provocative pose, with the headline “Monster Chef and the She Male”.
The fact that Ms Prasetyo was a trans-gender female and an escort is irrelevant. That the media has spun the story to put those two facts front and centre reeks of victim-shaming. Honestly, it’s 2014 and we are still perpetuating the “she had it coming” defense? She was a real person, with a family and a life, and that life was taken away from her by the man that she was married to. By the way, her Mother has told reporters that she worked as an escort to support her family and put her little sisters through school- you don’t see that in any headlines do you?
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