Family Law help & Family Violence Support Group

03/12/2023

If your child/ren suffers from autism, making a simple Will is not sufficient to safeguard their interest and future. The parents need to create a testamentary trust or a special needs trust.

Creating a special needs trust for a child with autism in Australia is a prudent step to ensure that their financial future and well-being are adequately taken care of. A special needs trust, also known as a disability trust or a testamentary trust, is designed to provide for the unique needs of individuals with disabilities without jeopardizing their eligibility for government assistance programs.

In addition, if you are a parent/carer/guardian of a child/ren that requires special care, a letter of intent is also a document that a parent must look into.

27/11/2023

What is Gaslighting or coercive control?
Gaslighting is a form of psychological manipulation in which the abuser attempts to sow self-doubt and confusion in the victim's mind. Typically, gaslighters are seeking to gain power and control over the other person, by distorting reality and forcing them to question their own judgment and intuition.

If you are being gaslit you can speak up about your concerns with someone you trust, such as a friend, family member, GP or counsellor.

Being a perpetrator of gaslighting is treated seriously by authorities and may soon be considered a crime in parts of Australia. Gaslighting is an aspect of coercive control, which is set to be outlawed in NSW and QLD, with other states likely to follow suit.

27/11/2023

"Kennon v Kennon" case (1997), the High Court of Australia ruled that non-financial contributions made by one spouse after the breakdown of the marriage could be taken into account when determining a property settlement. This means that if one spouse has made significant contributions, such as homemaking or caring for children, after the separation, the court may consider these contributions when dividing the marital assets.

The case of Kennon v Kennon [1997] contemplated whether family violence could influence the outcome of a property settlement. It was held that sections 75 and 79 of the Act empowered the Court to assess the financial consequences of family violence upon satisfaction of three elements:

1. A course of violent conduct must be established;
2. The violent conduct must have a discernible impact on the victim; and,
3. The victim’s contributions to the relationship must be made significantly more arduous as a result of the violent conduct.

Broadly, this is regarded as the Kennon Rule.

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23/11/2023

Family Violence Safety Notice: The police can apply for a family violence safety notice if someone needs immediate protection.
The safety notice can protect the affected family members before an intervention order application is heard in court.
A police officer can only issue a family violence safety notice if they believe a respondent is an adult. The police cannot issue a notice against a person under 18 or someone with a cognitive impairment.
A safety notice can protect:
an affected family member to make sure they are safe from the respondent
a child who has heard, seen or was around family violence in any way
the property of the affected family member.
Applying for a family violence safety notice
A police officer can apply for a safety notice in person, by phone or electronic means while they are at the family violence incident. A sergeant or higher-ranking police officer looks at the application. If they agree the affected family member needs protecting, they can issue a safety notice.
A police officer can apply for a safety notice even if the affected family member does not want them to. The officer will make it clear to the respondent that applying for a safety notice is a police decision.
Getting a family violence safety notice
Once a family violence safety notice is issued, a police officer must serve a copy to the respondent and explain what the notice means. The affected family member also gets a copy and the notice is filed with the Magistrates’ Court.
A family violence safety notice is also:
an application by the police for a family violence intervention order
a summons for the respondent to go to court.
The summons will tell you the time, date and place of the first mention date. This is the first date that you go to court. See Going to court for a family violence intervention order hearing.
The first mention date must be within 14 days from the safety notice being served on the respondent.
How a safety notice works
A family violence safety notice starts once it has been served on the respondent by a police officer.
A safety notice has conditions (rules) to stop the respondent from using family violence. They may include the same conditions as an intervention order.
If the respondent disobeys the conditions, the police can arrest them. See Breaking an Intervention Order.
A safety notice continues until a magistrate decides:
to make a family violence intervention order and it is served on the respondent, or
not to make a family violence intervention order.
Leaving the family home
To protect family members, the police can include a condition in the safety notice that the respondent must leave the family home immediately. This means the respondent must not live in, re-enter or visit the home until a magistrate decides what will happen next.
If the respondent has nowhere to stay, the police will do their best to help find emergency accommodation.
If the respondent refuses to leave or returns to the family home, the police can use reasonable force to remove them. The police can also charge the respondent with a criminal offence for breaking the safety notice.
If you have been served with a Family Violence Safety Notice and you want to discuss your options, please do not hesitate to contact our team of diligent lawyers by calling them at 03 7046 6920 or visiting our website www.msandcolawyers.com.au
to book your free 20 minutes initial consultation.

Combining years of legal experience, we strive for practical legal solutions that save unnecessary stress and expense, and to achieve favorable outcomes for all our clients, no matter how complex the situation.

17/03/2023

What happens if you breach an IVO
A breach of an intervention order (IVO) – be it a FVIO, PSIO, or a Family Violence Safety Notice (a family violence safety notice is issued by police if they deem that a person needs immediate protection from a family member who is using family violence before an IVO application is heard in court) – includes any violation of the clauses contained in an IVO by the Respondent.
Any wilful breach of any IVO prohibitions is a criminal offence and can result in a number of criminal penalties, such as:
• Diversion
• Good behaviour bonds
• Fines
• CCOs (Community Corrective Orders)
• Imprisonment
What are the defences to breaching an IVO
Usually, the basis for defending a breach of an IVO will involve a factual dispute about whether a breach did or did not occur.
Other defences may include:
• Self-defence
• Mental impairment
• Necessity
• Honest and reasonable mistake of fact
You could get a criminal record if you are found guilty of breaching an IVO. This may make it more challenging to get certain kinds of jobs or travel in the future. If you have been charged with breaching an IVO, call us at MS and Co Lawyers for legal assistance. Our lawyers have experience in avoiding jail for our clients for breaches of IVOs

29/11/2022

What are your options if you have received a summon to appear before Court in a Family Violence matter:

Option 1 – Agree to an intervention order being made
Option 2 – Agree to an undertaking instead of an order
Option 3 – Argue against the order (Contest the allegations)
Option 4 – Ignore the summons and do not go to court

Please do not consent to Final Family Violence Intervention Orders (FVIOs) being made against you without seeking proper legal advice, as these orders will be reflected in your criminal history and can negatively impact your family law matters.

For non-citizens, an Intervention Order can result in the rejection of their citizenship application. Henceforth, it is critical that you seek legal advice before consenting to FVIOs without admission of allegations.