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How can a lawyer help you with family violence during the coronavirus pandemic?

During the COVID-19 pandemic, many people have resorted to staying home in order to limit their exposure to the public and ultimately, reduce the risk of contracting the virus. While smart, this can be a dangerous and frightening situation for people who endure family violence at home. Family violence and coronavirus have no cause and effect, however, the coping mechanism of coronavirus has caused family violence to increase in homes across Australia.

A study done by Monash University surveyed 166 family violence victim support practitioners in Victoria and found:

  • 60% of practitioners found that the COVID-19 pandemic increased the frequency of violence against women
  • Half said that the severity of violence had increased
  • First-time family violence reports increased to 42%
  • New forms of violence in the home 

While this study was done in Victoria, the results are still important and relevant. The impact of the virus has extended, unfortunately, to family violence in New South Wales.

So, what do you do? Contact a Sydney family lawyer

Contact a family lawyer. Family lawyers, in addition to support, are able to provide legal guidance with family and domestic violence cases. Before we explore how a family lawyer can help your family violence case let’s first discuss the full meaning of family violence.

Family violence 

The Family Law Act 1975 Family Violence in Section 4AB (1) defines family violence as follows:

“…violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful…”

Family violence encompasses more crimes than what its name suggests. Family violence is the emotional, financial, physical and sexual abuse or coercive, controlling, emotionally or psychologically abusive behaviour from a person in your family, household or an intimate partner. Violence does not have to be seen in order to be considered a crime. It can include forced isolation, constant monitoring and restriction of movement. Here are some examples as provided in section 4AB of the Family Act:

  • Assault; or
  • Sexual assault or sexually abusive behaviour;
  • Stalking;
  • Repeated derogatory taunts;
  • Intentionally damaging or destroying property;
  • Intentionally causing death or injury to an animal;
  • Unreasonably denying a family member the financial autonomy that he or she would otherwise have had; or
  • Unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support; or
  • Preventing the family member from making or keeping connections with his or her family, friends or culture; or
  • Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

From this, it’s not difficult to see why violent family situations can become even worse during the coronavirus lockdown.

How can Prominent Lawyers help with family violence?

First, bear in mind that you do not have to be a victim of family violence in order to take legal action. If you are fearful of potential abuse or violence, then the law and Prominent Lawyers can help. Here are some specific ways that a family lawyer can help your situation.

  • Ensuring that from the start, all relevant information is given to the police by filing a police report with evidence and claims regarding your situation.
    • This prevents any issues in the future regarding your case.
  • Provide professional and experienced advice regarding any flow-on effects that you expect after filing a family violence report with the police.
    • This will include follow-up visits from NSW Police, subsequent interviews and further gathering of evidence.
  • Filing an Apprehended Violence Order (AVO) or a Domestic Violence Order (DVO)
    • Your lawyer will be able to advise you on which order is suitable for your case. 
  • Approaching family violence situations that involve children
    • Whether your situation involves child abuse or you are concerned about the effect of family violence on children, your lawyer will be able to provide legal support (file charges including where cases fall into the Magellan program) or suggest counselling.
  • Providing you with representation regarding any onward proceedings that develop as a result of your family violence case, for example, custody and separation or divorce proceedings.

At Prominent Lawyers, we understand that getting in touch with us regarding family violence can be frightening and daunting. However, our lawyers are trained to deal with these issues. Every lawyer at Prominent Lawyers is approachable and will keep the details of your situation confidential. They will calmly answer any questions and concerns you may have and offer you the best legal advice and guidance for your situation. Our lawyers are here to support you and get you the help you need.

Get in touch with us on 1800 77 66 46 

1800RESPECT is the national sexual assault, domestic and family violence counselling service. If you need support, call or contact the organisation online. They are available 24/7, even during the COVID-19 health emergency. If you are in danger, call 000.