The end of a relationship can be a highly emotional and challenging time for all parties involved, especially when there are children of the relationship. You will also want to know what your entitlements to property and finances are, including assets of the marriage or de facto relationship (i.e. the matrimonial home or holiday house)…
What are Police Initiated Intervention Orders? An intervention order is issued to guard the ‘protected person’ from another individual who has been allegedly committing family violence or engaging in prohibited behaviors such as stalking towards the protected person. A police-initiated intervention order occurs when the protected person makes a report or statement to the police…
If you have a full no contact order which prohibits you from contacting the affected person, being within a certain distance of them, or attending a protected address, then the short answer is no. This firm rule applies regardless of whether the intervention order is an interim order or a final order. The protected person…
Part 3 of the Family Violence Protection Act 2008 (Vic) (the Act) sets out the power of the Police to protect an AFM from the risk of family violence prior to when an application for an Intervention Order reaches the Court. Within these powers, the Police can serve a Family Violence Safety Notice (‘FVSN’) on…
The criminal justice system can be divided into two streams: If you have been charged with an offence, the charge sheet will indicate if it is a summary offence or an indictable offence. But……..what is the difference? What is a summary offence? Summary offences are normally less serious offences. You may have heard it referred…
If you are being interviewed in relation to an indictable offence, your interview will be video recorded via a DVD recorder. If you are being questioned in relation to a summary offence, the police may record the conversation, however you will not be asked to attend the station for a video recorded interview. In circumstances…
A breakdown of a marriage or de facto relationship often results in the parties dividing the assets and liabilities of the relationship between them. Prior to seeking legal advice, parties sometimes forget to consider that often, superannuation is a large asset of the relationship. Under the Family Law Act, Superannuation is treated as property, therefore…
Before you and your ex-partner finalise an agreement or property orders regarding the division of your assets, you are both obligated to provide each other with full and frank financial disclosure, failing to do so may result in the agreement being set aside in the future. This process is compulsory and is set out in…
What is parental alienation? Parental alienation occurs when a parent engages in behaviour to disrupt their child’s relationship with their other parent. Parents who alienate the other parent from their child, whether intentional or not, influence their child to progressively dislike, criticise and avoid spending time with the other parent. We often see parental alienation…
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