Many clients come to us for advice not only in relation to
family law issues but also potential criminal or quasi-criminal
issues due to events that occurred throughout the relationship, at
separation or following.
As separation can often be a very difficult and highly emotional
time, some parties can say or do things that would otherwise cause
the other person to be fearful of them. It may also be the case
that parties who have been abusive or aggressive during the
relationship, become more so at the time where the other party
wants to leave, heightening fear and making it difficult to
navigate separation safely and effectively.
It is therefore important that you seek advice or get assistance
in relation to the steps that can be put in place to protect you
and your children or any one in a domestic relationship with you
from the other party. If you have any questions about whether you
should seek an Apprehended Domestic Violence Order against the
other person, or what sort of orders you can request, please
contact New South Wales Police. They have the capacity to seek an
order on your behalf, or alternatively you can apply for an order
yourself to protect you from the other party.
Orders can be sought that the other party be prevented from
stalking, intimidating or harassing you, not coming within a
certain distance from your home or another location and not
damaging property. A court can order that the other party not
contact or approach you at all depending upon the circumstances of
what has occurred.
It can sometimes be the case, however, in family law matters
that one party will seek an Apprehended Domestic Violence Order
without having genuine fears, or after receiving advice that it may
further or strengthen potential family law proceedings. In those
circumstances, the other party who has been served with the
Apprehended Domestic Violence Order can defend that Application or
otherwise agree to it on a "without admissions
basis". This means that you agree to the orders but do
not acknowledge the allegations made against you. It is important
that you seek advice from a lawyer with respect to the implications
of any Apprehended Domestic Violence Order prior to attending
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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