Relevance of Domestic Violence to Family Law Proceedings
Domestic violence is unfortunately common in relationships and therefore family law matters, particularly in parenting matters.
Family violence is a significant factor in parenting proceedings. Previously, the law started with a presumption that parents should share parental responsibility for major decisions about their children. However, reforms that commenced in May 2024 removed this presumption. Courts now determine parenting arrangements based on what is in the child’s best interests, with particular emphasis on protecting children and anyone who has experienced family violence.
Where the court considers that violence poses a risk to the child or another person, it may allocate sole parental responsibility to one parent. A finding of family violence may also affect the time the children spend with the other parent, including whether that time should be supervised or subject to other protective conditions.
Domestic violence can also be relevant where there are proceedings before the court in relation to dividing property. A party who has suffered domestic violence during the relationship can argue that the contributions they made to the relationship should be considered more onerous given the violence they have been exposed to – the effect of that being that the court should exercise its discretion to increase the percentage of property the party receives upon division.
The outcome of criminal law proceedings, particularly in relation to domestic violence, provides strong evidence as to whether domestic violence occurred during a relationship. In criminal law proceedings, the magistrate must be satisfied beyond a reasonable doubt to find the accused guilty of an alleged assault. Where that finding is made, it is difficult for a judge of the Federal Circuit and Family Court of Australia (FCFCOA) to ignore a conviction.
In light of the above, it is evident that the outcome of criminal proceedings can have a dramatic effect on the outcome of family law proceedings, particularly in parenting cases. At Armstrong Legal, our criminal law team and family law team work together to ensure that you receive advice that is tailored to ensure your criminal law proceedings and family law matters are dealt with in a timely and cost-effective manner.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
