What To Do In A Separation Due To Domestic Violence

When domestic violence has been a part of a relationship or is prevalent during separation, the process may be much more complex and stressful. Separation lawyers Melbourne on the victim side need to ensure their clients are assured of safe and secure conditions during the process.

Several descriptions exist under the domestic or family violence category, including physical, emotional, financial, sexual, social, or spiritual assaults on family members. Domestic violence is often rooted in one person’s desire to exert authority over the others. 

Separation lawyers Melbourne and other professionals who interact with victims of domestic or family violence need to recognise certain types of behaviour that are common among those in abusive relationships, according to research on domestic violence. Here are a few instances:

No one should ever feel threatened in a marriage or any form of partnership. When you split from your spouse or partner because of domestic violence, you must take certain precautions to protect your and your family’s well-being, as below.

Prioritise Your Safety

If you find yourself in a scenario where you, your children, and your pets are in imminent danger, you must immediately get out of that situation. If you can’t get to safety for whatever reason, contact the police right away! Your safety should be a top priority and of utmost importance. And it would help if you could contact your separation lawyer Melbourne before doing so, so they can provide some guidance on what you need to do or bring with you.

Conquering the obstacles of practicality, finances, and one’s own emotions may make getting to safety a challenging task for one who’s escaping domestic violence. However, there should be a government-initiated support system that exists in your state or city. In Melbourne, you can find help following this website: 


When going to help centres provided by the government, it’s recommended that you prepare a bag for essentials for your children with clothing, money, and other necessities. Maintaining duplicates of crucial documents like passports and bank records is a must.

Hire a Lawyer

If you haven’t already done so before fleeing to safety, you must consider having a legal specialist on your side as an essential part of gaining back your self-confidence. It’s crucial that you know your rights regarding Protection Orders, child custody, and property settlement when you’re going through a divorce or separation. This is a difficult period, and your separation lawyer Melbourne is there to help you through it.

You may be entitled to legal assistance or free counselling from domestic violence charities. It is also possible to have a private legal firm on the Victoria Legal Aid panel apply on your behalf and be designated as your family law counsel.

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Confide to Someone

Don’t just keep quiet if you’re a victim of domestic abuse in your household. Victims are encouraged to submit official complaints to the police. However, doing it might not be that easy or simple for everyone.

Legal counselling services like the ones mentioned above might help in this situation. In addition, trustworthy friends, family members, and even a trusted general medical practitioner can be an excellent resource for discussing the matter. Keep in mind that you must be assured that no one you speak to will reveal anything to the offender.

Protection Orders

In Victoria, protection orders for these cases are termed ‘Family Violence Intervention Orders’ or FVIO. They are issued by Courts to keep family members, spouses, or former spouses or partners from harming a person, their children, personal property, and their mental health.

In Victoria, a violation of a Protection Order is a federal crime. You must show proof of violation of a Protection Order before you can bring criminal charges against the offender. The standard of proof in criminal court is higher. The proof required by the police must be solid enough and must be beyond a reasonable doubt. Talk to your separation lawyer Melbourne for further details on the weight of proof in case of a violation of a Protection Order.

If you believe that there is a breach of a Protection Order happening, police will typically advise victims to document the act if at all feasible. However, you should only do this if it is safe to do so.

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