Most people understand that violence against a person can never be tolerated, especially when those two people may have been living together. Yet violence can come in many different forms, and some people may be a victim without realising that this may be the case. If you are living in an unhappy environment and wonder whether you are actually the victim of family violence without being aware, what do you need to think about?

Examples of Family Violence

The court determines that there are many different examples of family violence over and above an actual assault or the threat of one. For example, the other party could withhold financial support for no good reason, and in doing so, may put the other individual under considerable monetary or emotional pressure. They could be constantly talking down to the other person, making derogatory remarks or making them feel unwelcome. Alternatively, they could go out of their way to prevent the other individual from meeting with family or friends, or from keeping in touch through electronic means.

Getting Protection

As you can see, the definition of family violence is rather broad, and many people may not realise that they have a right to protection in this case. Nevertheless, they may be able to generate a specific "family violence restraining order" that can be served on the other party in order to force a change of behaviour.

Restraining Order Process

Typically, these orders are granted on an interim basis, following an initial hearing and without the presence of the respondent. This order can then be served by the police, and the respondent will have a certain amount of time in order to reply. If they do not dispute the terms of the order, then it will come into full force and effect shortly thereafter, but if they disagree with the documentation, then a full hearing will need to be scheduled in due course.

Proving Your Point

It is not always easy to prove a case of family violence, especially if it is of a more subtle nature. If you're in this situation, however, you should gather as much evidence as you can, and if possible, gather tangible proof through audio or video to help bolster your position. If you have any witnesses (such as other family members or friends), then you should gather their testimony as well so that you can put this forward during the initial hearing.

Getting Support

It's never a good idea to go forward with this by yourself, and you should have proper legal counsel on your side. Get in touch with a family law attorney who can help you to unravel the legal complexities and get the restraining order in place.

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