If you are the victim of an abusive relationship, it’s important that you contact a lawyer as soon as possible. This is particularly true if your abuser has filed for divorce or separation proceedings against you.
The process of separation can be very difficult in some cases because there are many factors involved such as child custody and financial support. You’ll need an experienced Best Family Lawyers Melbourne who understands how to navigate through these issues and help protect your rights moving forward in court.
Separation of Abuse
If you are being abused, it’s important to know your rights. There are two types of separation of abuse orders:
- A “no contact order” is a court order that forbids the abuser from contacting or coming near you.
- A “protection order” awards you protection from the abuser by ordering him or her to stop the abusive behavior, stay away from you and not contact you in any way. It may also include financial support for minor children and other matters related to child custody, parenting time or visitation rights, property division and post-separation support obligations.
Child Custody/Financial Support
Child custody is the right to have and care for a child. In some cases, both parents can have joint legal custody (also sometimes called shared parenting).
This means that both parents have an equal say in major decisions about their children’s lives, including education, health care, and religion. In other cases, one parent will be granted sole custody of the child(ren).
A parent who has sole physical custody can decide where the children live and make most decisions regarding their welfare while they are not in school or doing activities with their other parent. A court may also award joint physical custody if it finds that doing so would be in the best interest of the child(ren).
Protection Orders
If your partner has been abusing you, a protection order can help protect you from the abuse. A protection order is a civil court order that can be used to protect you from domestic violence, sexual assault or stalking. Protection orders are issued by family law courts and can require the person who is abusive to stay away from you and your children.
A protection order may also say that the person who is abusive cannot possess firearms or other weapons and cannot own animals for a period of time specified by the court; that he or she must not consume alcohol; or that he or she must take counselling with respect to his behavior towards others (called anger management).
Property Division
Property division is a common part of divorce. It can be complicated, difficult to agree on, and expensive for all parties involved. In addition to those aspects, property division can also be very emotional and stressful for everyone involved in the case.
The first thing to know is that you and your spouse will need to decide how to divide your property. This can be done through mediation or by going to trial.
If you are in an abusive relationship, it’s important to know that there is help out there. You don’t have to suffer through abuse or stay in a relationship where you feel unsafe. Thus its essential to hire the right Best Family Lawyers Melbourne.
