26 min

How the Court deals with domestic violence The Family Matters Show

    • Education

In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence).  They cover a wide range of topics, including the following:


The difference between how a Family Law Court and a Criminal Court view domestic violence.
Apprended Violence Orders (AVOs)
Does there need to be an AVO in place before the Family Court considers domestic violence claims?
What evidence does the Family Court need to satisfy itself that domestic violence is an issue?
Will the court require Family Dispute Resolution (mediation) in domestic violence cases?
How do accusations of domestic violence affect Parenting Order decisions?
Can domestic violence claims impact a Court's decision about a financial settlement?

Also discussed was the Family Law Amendment Bill that has been passed through Parliament and will take effect in May 2024 and includes a "streamlined" parenting framework simplifying the "best interests factors".  This legislation may impact how the Court deals with domestic violence issues when deciding children's matters.

In this episode Ben and Heather are joined by barrister Rhys O'Brien, a specialist in complex family law matters, to talk about how the Court deals with Domestic Violence (Family Violence).  They cover a wide range of topics, including the following:


The difference between how a Family Law Court and a Criminal Court view domestic violence.
Apprended Violence Orders (AVOs)
Does there need to be an AVO in place before the Family Court considers domestic violence claims?
What evidence does the Family Court need to satisfy itself that domestic violence is an issue?
Will the court require Family Dispute Resolution (mediation) in domestic violence cases?
How do accusations of domestic violence affect Parenting Order decisions?
Can domestic violence claims impact a Court's decision about a financial settlement?

Also discussed was the Family Law Amendment Bill that has been passed through Parliament and will take effect in May 2024 and includes a "streamlined" parenting framework simplifying the "best interests factors".  This legislation may impact how the Court deals with domestic violence issues when deciding children's matters.

26 min

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