The Law and You: Domestic violence—protecting yourself and loved ones

Posted on 24 February, 2020

The nation has once again been shaken with a brutal reminder of the impact of domestic violence on families and couples across Australia.

The devastating deaths of Hannah Clarke and her three children in Brisbane allegedly at the hands of her estranged ex-husband Rowan Baxter, who is suspected to have taken his own life, are a shocking tragedy that has once again shed light on a serious and deadly issue that is far more severe in Australia than many realise.

A silent killer

Across Australia, hundreds of incidents of domestic violence occur daily, with almost 40 per cent of women continuing to experience it from their former partners.

Women can also be the perpetrators of violence against men. Statistics show that although 1 in 6 women are more likely to be subjected to physical or emotional abuse from partners, 1 in 16 men reported the same.

In light of the recent Baxter family tragedy, reminding yourself and your loved ones of the best protection and prevention available is key to trying to intervene and reduce these horrific incidents.

Identifying risks and types of abuse

It can sometimes be difficult to see the warning signs. Statistics show that women are the most vulnerable in the first six months after separation, when flashpoints can occur.

Knowing how to spot flashpoints is the first step to ensure the safety of yourself or any loved ones who may be at risk.

Some indicators that a partner or ex-partner’s behaviour has become problematic include:

1. Controlling behaviour towards yourself or any children, including stalking or financial control;
2. Verbal or physical threats or assaults to your physical wellbeing, the children’s wellbeing, property damage or threats or injury to your pets
3. Threats by text, email or social media
4. Threats or attempts to commit suicide designed to emotionally manipulate you.

Learn more about risk factors.

It is important to know that domestic violence can take many forms. Any change in behaviour that makes you feel vulnerable, in danger, or in fear of your safety in a relationship are concerns that should not be ignored.

Early intervention

Early intervention is the best way to deal with the potential risk of domestic violence. Prevention is always better than dealing with the consequences.

Remember that relationships in conflict after a separation or divorce can often experience the types of tensions that can lead to family violence.

In Canberra, you can approach these services for help:

Mediation

1. Relationships Australia
2. Family Relationships Centre

Private mediation

You can organise this through a legal firm or private counsellors and psychologists. Watts McCray Lawyers, for instance, offers clients excellent mediation with accredited meditation lawyers.

We’re here to help clients seek to safely resolve relationship conflicts. Family violence screening will always be conducted first to ensure that the mediation occurs in a safe space.

Immediate danger

Should you or someone you know be experiencing some form of domestic or family violence, take urgent action to try to prevent further harm.

These services can provide survivors with more urgent support and information when timely intervention is necessary:

• Police Services: 000
• Domestic Violence Crisis Service (DVCS): 02 6280 0900.

Those at risk of perpetrating committing acts of domestic violence may be experiencing considerable emotional distress.

If you’re concerned about the state of mind of yourself, or a spouse or ex-spouse, these resources can help, including with counselling and mentoring.

• Menslink: (02) 6287 2226
• Lifeline: 13 11 44
• 1800RESPECT: 1800 373 732

In case of an emergency, always dial 000.

Domestic or family violence matters in Court

In some cases, it’s necessary to consult a lawyer who specialises in family violence matters to prevent violence to spouses, ex-spouses and/or their children.

It may be necessary to apply to Court for urgent protection Orders such as a Family Violence Order, which are made in the ACT Magistrate’s Court in the capital.

If legal advice is required, Debra Parker and the team at Watts McCray Lawyers provide excellent and reliable legal guidance on family matters.

Watts McCray is one of Australia’s largest firms of family and relationship lawyers.  We have many family law specialists on our team, backed by years of experience.

Our lawyers have the skills to provide you with sound, practical advice about issues such as relationship changes and separation, property and financial matters, parenting arrangements after separation, child support, divorce and family violence matters.

Watts McCray also provides legal help if you want to resolve matters without having to go through Court. They help with negotiation, mediation, collaboration and arbitration services as well as the traditional Court litigation process. We also help with estate planning and wills.

Call them in Canberra on (02) 6257 6347 for more information and for tailored services to meet your legal needs.  Canberra House, 40 Marcus Clarke Street.

Watts McCray has recently been awarded with ‘Best Law Firm of the Year—Australia’ in the Lawyer’s International’s Legal 100, 2020 awards.

This editorial was created in partnership with Watts McCray. For more information on sponsored partnerships, click here.