Domestic violence and AVOs
Experiencing domestic violence is one of the most traumatic and devastating things that can happen to anyone. Get the support, legal advice and representation you need by contacting us.
If you have been a victim of domestic violence, and wish to make a report or take further legal action, then Stacks domestic violence law specialists are ready to come to your assistance and take on your case. We provide all the guidance and advice you need, and will treat your case with the utmost professionalism, respect and confidentiality. We’re more than your legal partner - we’re here to support you through this difficult time. Stacks Law Firm has had decades of experience dealing with domestic violence cases and are here to help you through what is undoubtedly a difficult and uncertain time for you.
Domestic violence is an area of law which is changing constantly, with the government passing new laws frequently to help protect victims and potential victims of domestic violence. All laws related to domestic violence are governed by the Family Law Act 1975.
We can assist you with:
Compiling and filing your report to police, to ensure all relevant information is included right from the start, preventing any pitfalls later on.
Advising on any potential flow-on effects which may arise as a result of making a domestic violence report.
Taking out an Apprehended Violence Order (AVO) or a Domestic Violence Order (DVO).
Dealing with domestic violence situations where children are involved.
Remember that you do not have to be a victim of domestic violence to take legal action - Even if you are fearful of potential violence and abuse being committed against you by someone that you know, then the law is here to help.
Commonly asked questions about Consent orders:
Do I need a lawyer to make consent orders?
No. You can file an application for consent orders at a family law registry, or electronically on the Commonwealth Courts portal. Currently the fee is $160.
The court will not automatically make the consent orders you have agreed upon. Seeking legal advice can help you to ensure that you have given due consideration to all of the relevant issues, and that nothing has been missed. A lawyer will assist you to make an agreement that is fair and just, and advise you about the court’s likely response, particularly regarding the best interests of children.
What are the advantages of making consent orders?
It means that the agreement you have made is binding and legally enforceable. It means that there can be no misunderstanding in the future, or areas for dispute if one person changes their mind. If your former spouse or partner breaches a consent order, there will be a penalty, the nature of which will depend on whether the breach was minor or major. For example, for serious breaches the court could order them to pay a fine, or legal costs, or to compensate you. It could even result in a prison sentence.
Are there time limits on making consent orders?
An application for consent orders in relation to a property or financial settlement must be filed within 12 months of a divorce, or within two years of a de facto relationship breaking down.
What if the court does not agree to the consent orders?
If there are any concerns about your application, then the Registrar will issue a notice asking you to address the concerns within a specified time frame. Failing to respond to the notice will mean that your application is dismissed.
What is the difference between consent orders and parenting plans?
A parenting plan is an informal agreement between two parties about matters affecting children of the relationship, such as where they live and the responsibilities of each parent. Unlike consent orders, parenting plans are not binding or legally enforceable. Obtaining consent orders formalises the agreement and makes it legally enforceable.