[geo_city] Family Domestic Violence Lawyers
Facts, Free Consult & Fees 2023
Relevance of Family Violence in Family Law
Insights & Tips 2023
Almost half our clients over the 8 years as Senior Family Law practitioner exhibit signs of Family violence. This is highly relevant under the Family Law Act. Insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
“Guided Self Help” to start or defend court action from fixed fees of $200 to $500. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000.
For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.
Award-Winning Lawyers Dedicated to Your Success
Our Past Achievements Reflect Our Commitment
READ OUR FAMILY LAW NEWS & OUR ARTICLES
Some Extracts From Our Media and Community Pages
Domestic Violence – Relevance to Family Law
Increasing Focus on Existing Law Reforms and Family Violence
Jaswinder Sekhon, an expert and experienced Principal at Goldman Law, highlights that contributions made by a party experiencing ongoing and severe domestic violence are considered more valuable due to the challenging circumstances under which they were made.
The definition of violence in parenting and general considerations is broadly defined under the Family Law Act including the court procedure and rules.
“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Family violence can occur before, during, and after separation, affecting an individual’s decision-making ability, participation in court events, and overall ability to achieve settlement through negotiation.
Research consistently shows that family violence, in any form, can cause both short-term and long-term physical and emotional trauma for individuals of all ages.
Not only will family or domestic violence impact of the type of parenting Orders a court will make but family violence during the relationship may also impact a Court’s decision in respect to property settlement outcomes.
In cases involving domestic violence there is authority for the court finding that contributions made by a party while suffering domestic violence, particularly ongoing and severe domestic violence, are to be considered more valuable because of the arduous circumstances in which they were made.
Accordingly, additional weight given to those contributions is a factor taken into account by the court in the overall property settlement.
Family Violence: FCFOA Overview
The Federal Circuit and Family Court of Australia (the Courts) take family violence very seriously.
The Courts are guided by the following principles in responding to family violence concerns:
- Safety is a right and a priority for everyone.
- Family violence affects everyone in a family.
- The Courts have a particular concern about both the immediate and longer-term impacts of family violence on children.
- Family violence can occur before, during and after separation. This may affect an individual’s ability to make choices about their family law matter and to take part in court events.
“Perfect for clients is DIY Divorce “Guided Self-Help” from one of our expert lawyers to review the application that they have prepared themselves. Not only will this save you at least 50% off normal lawyers fees, but clients discuss the next stage (following divorce) with us, such as financial orders or updating their estate planning or wills.”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
What is Family Violence?
Section 4AB of the Family Law Act 1975 describes family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.
Examples of behaviours that may constitute family violence include (but are not limited to):
- assault (including sexual assault or other sexually abusive behaviour)
- stalking
- repeated derogatory taunts
- intentionally damaging or destroying property
- intentionally causing death or injury to an animal
- unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty
- unreasonably denying the family member the financial autonomy that he or she would otherwise have had, or
- unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support, and
- preventing the family member from making or keeping connections with his or her family, friends or culture.
The definition of child abuse includes serious psychological harm arising from the child being subjected to or exposed to family violence. Further detail is set out in section 4(1) of the Family Law Act.
Forms of Family Violence Not Just Physical
Not all family violence involves physical violence. It can take many forms such as sexual violence and coercion, emotional abuse (including denigration), financial abuse, and spiritual or cultural abuse.
While family violence is most commonly directed toward a current or former partner, it may also be directed to another member of the family such as a parent or sibling.
Research consistently indicates that all forms of family violence can cause short or long term physical and/or emotional trauma for children, young people and adults. For information about its impacts on children please see Family violence and children.
Importantly, family violence can also affect a person’s willingness and ability:
- to initiate legal proceedings
- to come to the Court
- to participate in court events, and/or
- to achieve settlement of their dispute through negotiation.
Family Advocacy and Support Services
Each Australian state and territory has a Family Advocacy and Support Service (FASS). FASS provides free legal advice and support at court for people affected by domestic and family violence.
Family Law Act 1975, s. 4AB.
Domestic Violence Quick Facts & Fees 2023
Compiled With Over 10Years of Data From Real Client Questions
Definition Of Family Violence In Family Law
A broad definition of family violence was introduced into the Family Law Act 1975 (Cth) (FLA) in 2012 and applies in all cases filed after 7 June 2012. The definition removed the requirement that the victim’s fear be ‘reasonable’, in recognition of the subjective experience of fear and the psychological impact of violence.
Recent Cases On Family Violence
In Carra & Shultz [2012] FMCAfam 930 the father alleged that the mother, by withholding the child from him, was committing family violence by ‘preventing the family member from making or keeping connections with his or her family, friends or culture’. The court held that the withholding of time or communication with a child, by itself, does not constitute family violence. The essence of the definition of family violence is behaviour which ‘coerces or controls’ a family member ‘or causes [them] to be fearful’ (para 7).
Presumption Of Equal Shared Parental Responsibility (ESPR) & Family Violence
Section 61DA(2) provides that the presumption does not apply in cases of child abuse or family violence. In these circumstances, the court must consider whether sole parental responsibility or equal shared parental responsibility is appropriate. In Hutley & Hutley [2012] FamCA 679, while the mother adduced evidence that the father had been aggressive and intimidating during their relationship and was found guilty of assault, the court still ordered ESPR on the basis that the parties had managed to make joint decisions about the children.
Alteration Of Property Interests - Adjustment and Family Violence
The leading case of Kennon and Kennon established that an adjustment in a property settlement case can be made on the basis of family violence. Kennon and subsequent cases indicate that a small adjustment will be made but only in exceptional circumstances.
Kennon and Kennon [1997] FamCA 27; (1997) 22 Fam LR 1
In Kennon, the Full Court of the Family Court recognised family violence as a relevant issue in assessing the adjustment that should be made in a property settlement case. In that case there was a 4-year marriage and no children and a history of domestic violence assaults.
Devon & Devon [2014] FCCA 1566
In Devon, the parties were married for 31 years and had 4 adult children, including one with an intellectual disability. There were no significant assets at the start of the marriage and it was accepted that the husband ran the family business and the wife was the homemaker and main carer of the children.
There was an additional loading in the wife’s favour of a further 15 per cent based on future needs. Ultimately the wife received 70% of the asset pool and retained her superannuation (as did the husband), a percentage which included her claim for spousal maintenance.
Scott & Scott [2015] FCCA 2394
In Scott the parties had 3 children aged 16,17 and 20 years. The wife argued family violence by the husband and for an adjustment of the property in her favour between 65% and 80% which included a Kennon adjustment.
The wife gave evidence of family violence. She was isolated from her family and friends and the husband did not allow her to return home to spend time with her dying mother. The husband had physically assaulted her and there was verbal and physical abuse throughout the marriage witnessed by the children. The husband unsuccessfully argued that the wife’s evidence of family violence was not corroborated.
Importantly, the FLA does not require independent verification of allegations of family violence (such as police or medical reports) for a court to be satisfied that it has occurred. As the Full Court of the Family Court said in Amador & Amador [2009] FamCAFC 196; (2009) 43 Fam LR 268:
FAQ - What QUESTIONS Clients Ask
Compiled With Over 10Years of Data From Real Client Questions
What Are The Best And Proven Legal Strategies To Win My Family Law Case?
Legal strategy discussions with a senior lawyer are important for several reasons.
Firstly, having a general philosophy and mission for a law firm helps differentiate the firm from others and demonstrates that the firm has carefully considered what they want to achieve and how they plan to effectively advocate for their clients. This strategic approach can give the law firm a competitive edge and help attract clients who align with their values and goals.
Secondly, discussing legal strategy with a senior lawyer allows for the exchange of knowledge and expertise. Senior lawyers have extensive experience and can provide valuable insights and guidance on how to approach legal issues. They can offer a broader perspective and help identify potential challenges and opportunities that may not be immediately apparent to junior lawyers or clients.
Moreover, senior lawyers can communicate in a way that is more business-oriented rather than using complex legal jargon. This is essential for ensuring that legal strategies are effectively understood and implemented by clients and stakeholders who may not have a legal background. A senior lawyer can translate complex legal concepts into clear and meaningful terms that align with the client’s business objectives.
Furthermore, engaging in legal strategy discussions with a senior lawyer allows for creative problem-solving and the exploration of alternative solutions. By considering different perspectives and brainstorming strategies together, clients and lawyers can develop innovative approaches and find the most effective legal solution for their particular situation.
Lastly, legal strategy discussions with a senior lawyer can help ensure compliance with regulations and minimize potential legal risks. Senior lawyers have a deep understanding of the law and can provide guidance on how to navigate complex legal frameworks. They can help identify potential legal pitfalls and develop proactive strategies to mitigate risks and avoid costly legal disputes.
In conclusion, having legal strategy discussions with a senior lawyer is crucial for law firms and clients alike. It allows for the development of a clear and effective approach to legal matters, facilitates knowledge sharing and creative problem-solving, improves communication, and helps ensure compliance and minimize legal risks.
How Do Goldman Lawyers Typical Professional Fees in a Family Law Matter Compare?
The rates are our top senior lawyers range from $550 to $750 per hour excluding GST.
Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.
Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive, and work to an agreed strategy.
We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on.
Even though our initial rates may seem higher, the eventual outcome will cost less, and we are successful in achieving a better outcome.
We use technology and automation extensively to reduce the time taken for mundane tasks.
What Are Typical Family Law Fees In The Industry
According to the Federal Circuit and Family Court of Australia, parties involved in family law proceedings usually pay their own legal costs. However, there are exceptions to this. The court may order one party to pay the legal costs of another. The amounts payable for a costs order are set out in the scale of costs in Schedule 3 to the Family Law Rules 2021.
The court may also depart from the scale and order that another party pay all of a party’s costs reasonably and properly incurred, which is known as indemnity costs.
The fees for a senior lawyer handling a family law matter can vary depending on factors such as the complexity of the case, the expertise and experience of the lawyer, and the location of the law firm.
In Division 2 of the Family Law Rules 2021, the scale of costs for family law and child support matters is provided.
- For example, for initiating or opposing an application up to the completion of the first court date, the cost can range from $2,512.56 to $3,141.50, depending on the presence of interim orders.
- The fees for attending a hearing can range from $342.19 to $2,512.56 per day, depending on the type of hearing.
- Additionally, there are fees for drafting, conferences, and chamber work, ranging from $277.16 to $721.68 per hour, depending on the level of expertise. Disbursements, such as photocopying and agent fees, are also included in the costs.
These fees are provided as a guide and may vary depending on the specific circumstances of the case and also include Legal Aid Fees.
Per Court Day
Based on another source , the fees for senior lawyers in family law matters can range from $3,000 to $6,000 per day in court. Junior lawyers may charge less due to their developing expertise. These fees are generally for a final hearing and can vary depending on the complexity of the case.
Hourly Rates
Another source mentions that lawyers generally charge an hourly rate for their services. The lowest hourly rate for an admitted lawyer with less than 2 years of experience may be around $300, while the hourly rate for a principal of a law firm with years of experience can be around $600. The fees for talking to a lawyer or seeking legal advice can vary depending on the lawyer’s rate and whether a fixed fee or time-costing method is used.
What Do Barristers Typically Charge?
In a different source, the fees charged by barristers in family law matters are discussed. Barristers are grouped into categories based on their experience and level of expertise. For example, a reader (newly admitted barrister) may charge around $2,500 per day, while a senior junior barrister (with more than five years of experience) may start at around $4,500 per day. Queen’s Counsel and Senior Counsel (more experienced barristers) may charge from $9,000 to $13,000 per day. The choice of barrister will depend on the individual’s case and budget.
In conclusion, the typical professional fees for a senior lawyer handling a family law matter in Australia can vary depending on various factors, including the complexity of the case, the expertise and experience of the lawyer, and the specific services required.
The fees can range from around $2,500 per day for a newly admitted barrister to $13,000 per day for a senior barrister.
Hourly rates for lawyers can range from $300 to $600, and fixed fees may apply for certain services. It is best to consult with a lawyer to obtain an accurate estimate of fees based on the individual’s specific circumstances
Why Do Lawyers Tend To Underquote The Initial Fees? What Can I Do To Protect Myself?
Law firms use various strategies to attract clients, including the initial underquoting of fees. Note: Goldman Lawyers do not use these tactics.
When it comes to marketing, law firms focus on making themselves easy to find online through search engine optimization (SEO) and running SEO campaigns to improve visibility in search results
- One common reason for lawyers to initially underquote client fees is the traditional practice of not advertising prices. Many lawyers were trained by those who practiced at a time when advertisements were prohibited.
- Another reason is that lawyers are often hesitant to bind themselves to a flat fee before knowing anything about the client.
- Each client’s case differs in complexity and requirements, and lawyers may need more information before quoting an accurate fee. For example, a divorce case could range from simple and straightforward to complex and involving multiple assets.
- Furthermore, the unpredictable nature of litigation and transactional matters can make it challenging to estimate the amount of work required.
- Disagreements between parties and unforeseen circumstances may arise during the course of a case, potentially prolonging the work. Lawyers may be reluctant to set a fixed fee upfront when they cannot guarantee the duration or complexity of the legal matter.
- Moreover, lawyers may be concerned that advertising prices could lead to a race to the bottom, with lawyers undercutting each other’s rates.
- While this may benefit consumers, it may not be financially viable for lawyers. Lawyers require compensation that reflects their experience, expertise, and the value they provide to their clients.
- In light of these factors, it may not be advantageous for lawyers to advertise their prices upfront (as we do!!!).
In summary, lawyers initially underquote client fees for various reasons, including the traditional practice of not advertising prices, the need to gather more information about the client’s case, the unpredictable nature of legal matters, and concerns about a race to the bottom in pricing.