Foreigners New ATO Requirements: Changes to the special CGT rules

ALERT! If you’re a foreign resident for tax purposes in Australia, special Capital Gains Tax (CGT) rules apply when you sell residential property.

Changes announced by the Federal Government in the 2017-18 Budget came into law on 12 December 2019. These changes mean that if you are a foreign resident for tax purposes at the time you sell your residential property will no longer be entitled to claim the CGT main residence exemption unless certain life events occur within six years of becoming a foreign resident (“life events test”). Employers will need to be prepared for the new ATO reporting requirements for employee wages and superannuation that will start to be effective from 1 July 2018.

Life events test

To satisfy the life events test you MUST, at the time of sale, have been a foreign resident for tax purposes for a continuous period of six years or less and during that period any one of the following events also MUST have occurred:

• You, your spouse, or your child under 18, had a terminal medical condition.

• Your spouse, or your child under 18, died.

• The relevant event was the distribution of assets between you and your spouse as a result of your divorce, separation or similar maintenance agreements.

You, therefore, need to consider this when you rely on the exemption for a variation to your foreign resident CGT withholding rate.

ATO requirements

In your next income tax return:

• The net capital gain in your income MUST be declared; and

• The foreign resident withholding tax paid to the ATO can be claimed as a credit.

Effective date and time of change in the law

For property held by a foreign resident for tax purposes prior to 7:30 pm (AEST) on 9 May 2017 the CGT main residence exemption:

• May ONLY be claimed for sales until 30 June 2020 and provided the other requirements for exemption are met; and

• No longer applies to sales that occur from 1 July 2020 UNLESS the life events test is satisfied.

Key points

• This only applies if you are NOT an Australian resident for tax purposes when you sell your residential property.

• If you sell pursuant to a Contract the relevant time of sale is the time you entered the Contract.

• If you DO NOT sell pursuant to a Contract the relevant time of sale is the time of settlement.

• You are unlikely to satisfy the requirements for the CGT main residence exemption if you were not an Australian resident for tax purposes while living on your property.

• The changes also apply to your legal personal representatives, trustees, and beneficiaries of your estate, your surviving joint tenants, and special disability trust if you are a foreign resident for tax purposes when you die.

Article Source: Ato Brisbane

How to Save Money on a Divorce – 6 Easy Steps to Keep your Costs under Control

If you are facing the prospect of engaging a lawyer to advise you regarding a family law matter, there are a variety of things you can do to help keep your costs under control. Our accredited specialist Family Law Director from Aylward Game Solicitors Ian Field has many years of experience in running these cases. We asked him what he would do himself if he was instructing a family lawyer for the first time. This is what he shared.

• Don’t delay in speaking to a lawyer – situations change quickly, and understanding what is appropriate and what is not from the start is vital.
• Make sure you have copies of documents like bank statements, tax returns, mortgage balances, trust deeds, etc. They are likely to be needed so get copies from the start. If your lawyer has to keep asking you for copies they will be charging you a fee each time they contact you.
• When you do speak to your lawyer, make some notes before your appointment. Not only will you make sure you get all of your questions answered, but it’s also more efficient for your lawyer – and that keeps your fees down.
• Engage a law firm that will give you an honest opinion about what is realistic as an outcome. Aylward Game has been providing family law advice for many years. They pride themselves on giving realistic and practical advice. If your lawyer just tells you they will fight for what you say you want, be wary. What you want and what you might be able to get are not always the same.
• Don’t wait until the door of the Court or the day before the trial to be prepared to compromise. This happens all the time. If you are prepared to compromise, do so early on.
• If you adopt a position or send a proposal to your ex, think how you would feel if you were receiving that communication. If you wouldn’t like it, maybe it’s worth reconsidering it.

Ian has been an accredited specialist and family lawyer in Qld since 2013. He practiced as a family lawyer in England from 2000 to 2005 and was admitted as a solicitor in Qld in 2007. He has also been an Independent Children’s Lawyer in Australia since 2013.

To arrange a complimentary and no commitment initial consultation,

please contact our staff on 1800 217 217 or Book on our website.

Article Source: 6 easy steps to keep your divorce costs

How much does a divorce really cost?

How much does a divorce really cost?

Most people who are contemplating the end of a relationship and all that goes with it are concerned about the possible legal costs. That’s a reasonable concern – there are plenty of stories in the media about some frankly extraordinary legal fees that have apparently been charged to people who have been involved in the Family Court process.

Whilst we can’t pretend that legal fees are not significant, they do not have to be stratospheric. We are also very conscious that in family law proceedings there are other costs that people should keep in mind – the emotional toll of being involved in the Family Court process should not be underestimated, and the Court process takes up a very large amount of time.

It is a matter of priority to us in the Family Law team at Aylward Game Solicitors to provide our clients with practical, realistic, down-to-earth advice. It would often be easier for us to tell people what they want to hear – to tell potential clients that they can achieve an outcome that they would like rather than what they are more likely to get. But for us, that is not the right way to proceed. We will always provide you with our honest opinion, based on many years of experience in conducting family law matters, as to what a likely outcome will be. That way, you can minimize the amount of legal fees you spend pursuing an unrealistic outcome, and give yourself the best chance of resolving matters with a lower bill from us, less animosity with your ex, and more time to get on with your life.

So whilst there is no simple answer to how much a divorce will cost, we are sure that being realistic from the start will help to keep your costs under control.

To seek clarity on your options, please contact one of our experienced family lawyers on 1800 217 217 or book an appointment today.

Article Source: How much does a divorce cost?

The Rule in Jones v Dunkel - Aylward Game Solicitors Brisbane

   

The tenet of this case is very handy and useful to both courts and legal practitioners. Basically, when there is an unexplained failure by either a plaintiff or defendant in civil proceedings to tender a document as evidence or call a witness, the court may draw an inference that the uncalled evidence would not have assisted the party.

The case concerned a civil negligence action. The High Court held that the jury should have been told that any reference favorable to the plaintiff from the evidence might be more confidently drawn when a person presumably able to put the true complexion on the facts relied on as the ground for the inference has not been called as a witness by the defendant, and the evidence provides no sufficient explanation for his absence.

Against the above background and since this case was decided, the courts have held that the mere absence of a witness does not necessarily support an inference that the witness would not have helped the impugned party’s case. That said, in RPS v R (2000) 168 ALR 729, the majority of the High Court expressed caution about the principle and said that:

“…it is essential to note its limits. It relates to the drawing of inferences or conclusions from other facts…the mode of reasoning which is described proceeds from the premise that the person who has not given evidence not only could shed light on the subject but also would ordinarily be expected to do so.”

In RPS, the trial judge directed the jury about the accused’s election not to give evidence and how – in the absence of his explanation, contradiction, or denial – they might weigh the strength of the prosecution evidence. The jury found him guilty of four counts of sexual intercourse.

The particular difficulty with cases in line with RPS’s outcome is that— they mislead on the term and meaning of silence. When silence becomes impossible or when it becomes irresistible, how one should draw an inference, and whether that inference is the correct answer. That said, one thing is certain and that is— silence must be able to justify itself in a way that it would not invite speculation as to its meaning.

Article Source: The Rule in Jones v Dunkel

Traveling to Australia? It Pays To Read This!!

 

The COVID-19 pandemic has changed everything and affected every immigration process and the way things we used to be. Anyone who is thinking of traveling to Australia for whatever purposes, must read and absorb the following:

Is traveling to Australia “business as usual”?

Unfortunately not. As of 20 March 2020 you can only travel to Australia if you are either;

(a) An Australian citizen;

(b) An Australian permanent resident;

(c) A New Zealand citizen usually residing in Australia; and

(d) An immediate family member of an Australian citizen or permanent resident or a New Zealand citizen usually resident in Australia

 

Who can be considered immediate family members of Australian citizens and permanent residents?

For this category, an immediate family member only refers to: Spouses, dependent children, and legal guardians.

Am I required to go through a quarantine process when arrived in Australia?

The Australian Government has directed that from 28 March 2020, all travelers entering Australia are required to undertake their mandatory 14-day self-isolation at designated facilities. These facilities will be determined by each state and territory and maybe hotels.

Can I interact with my family in Australia after I arrived?

No. As long as the above restriction is in place, when you set your foot in Australia you must not attempt to join your family or friends who may be coming to receive you. You need to do your 14-day self-isolation process first and if during the 14-day self-isolation you come to contact with any family or friend, that individual will also have to complete 14 days of quarantine.

Am I able to travel from Australia to overseas?

If you are Australian citizens and Australian permanent resident you are restricted from traveling to Australia overseas from 25 March 2020, unless you fall within the exemption categories as follows: The list is not exhaustive:

(a) You are ordinarily a resident of another country other than Australia;

(b) You work with an airline, or you are a maritime crew, or you are associated with safety workers;

(c) You are a New Zealand citizen holding a Special Category (Subclass 444) Visa. However, if you are a New Zealand citizen who is a permanent resident in Australia you may apply for a Commissioner’s discretion.

(d) You are someone who is engaged in the day to day conduct of outbound or inbound freight;

(e) You are someone whose travel is associated with essential work at offshore facilities; and

(f) You are traveling on official government business, including members of the Australian Defence Force.

How do I apply for the exemption to travel from Australia?

You can apply online to the Commissioner of the ABF preferably at least 12 hours before your intended departure time. If you are granted an exemption, you must take evidence of that
exemption to the airport.

What are the subclasses visa holders who can come to Australia and are they still required to undertake a mandatory 14-day quarantine?

Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia without having to request an exemption., however, they will be required to undertake a mandatory 14-day quarantine at designated facilities such as a hotel in their port of arrival.

What subclass visa holders can’t come to Australia at the moment?

Prospective Marriage (subclass 300) visa holders.

Article Source: Traveling to Australia? It Pays To Read This!!

Best Immigration Lawyers In Brisbane | Aylward Game Solicitors

 

ONCE UPON A TIME IN AUSTRALIA

There was a country, and then there were people. I saw it on the map, I went there, and I stayed. These phrases are probably used and owned by the majority of migrants who made Australia their home. But, what is it that attracts most people to Australia as we speak?

Well, it is the question of fact that every one of us needs to have a decent life, have freedom of expression, love our neighbor and be loved by them, be safe, be prosperous, and the list continues.

Given the possible political, economic and social unrest in the World today, Australia is ahead by far and has a better economy, higher job prospects and more free trade processes than most developed countries.

So, the question is not if but when do you intend to migrate to Australia? This question is gripping most migrant communities who have some knowledge about Australia.

First, we need to address the lack of adequate information out there as far as knowing how and what to choose as the best pathway to migrate to Australia. We at Aylward Game Solicitors team of immigration lawyers can answer many of your questions, and become your guidepost throughout the journey. Aylward Game Solicitors team of immigration lawyers have a single-line commitment toward keeping you Ahead of the Game.

We are a team of dedicated Brisbane legal professionals, as well as genuine, down-to-earth people with a passion for making a real difference.

PROSPECTIVE MARRIAGE VISA (SUBCLASS 300)

This visa allows you to come to Australia and marry your intended spouse. You may then apply for a Partner visa.

When you and your future prospective partner/spouse are decided on applying for the Prospective Marriage Visa (subclass 300), there are a few critical points that you best consider before lodging your application.

To begin with, it is one of the golden rules that in any type of visa application you contemplate to lodge, you want to get the application right the first time. This mostly requires diligence and legal advice so you have your way navigated in accordance with the current rules and practices. It is one thing to think that you know something, or you read something, it is another if that something that you just read is still valid, or more importantly, if you have used the right interpretation for what you have just read. Remember, an application that is lodged incomplete, or an application with no valid supporting documents, not only may risk the application get refused but also it can cause a delay in the process of your application.

In addition to the above, any incomplete application that attracts negative outcome from the Department of Home Affairs (DHA) may put the applicant and anyone affected by that application, among other things, into unnecessary financial costs which can be avoided if prudent legal advice is sought prior to lodging your application. The rationale of understanding this is very simple; your immigration lawyers who are about to take on a rejected application will now need to review your previous application before assisting you with the preparation of your new application and supporting documents. So you are paying for two fees now, one; reviewing the previous application to see what DHA’s concerns were, and the other, for preparing a completely new application.

Practically, apart from other requirements, when you are to lodge this application, your prospective future partner or spouse, must be outside Australia, be 18 years old or older, and both have the intention to marry each other within 9 months from the date of grant of the visa. This visa allows the person who has been granted the visa to work in Australia and at his/her own expense study in Australia as well.

PARTNER PROVISIONAL VISA (SUBCLASSES 100 AND 309)

This visa allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

To lodge this application, the qualified candidate would need to apply this in the sequence as provided under the rules. That is to say, the first stage is a temporary visa, and the second one once approved leads to a permanent visa to reside in Australia. The candidate must be outside Australia when he/she applies for this visa

You may ask yourself “why do I need Immigration Lawyers?”

Immigration law is very complex and many applicants require professional assistance in addition to what you may find, read and understand. As the rules keep evolving, it is essential that you seek the right legal advice from experienced immigration Lawyers.

EMPLOYER NOMINATION SCHEME VISA (SUBCLASS 186)

This visa allows skilled workers who are nominated by an employer to live and work in Australia permanently. If you are granted this visa, you can also sponsor eligible family members to come to Australia, and ultimately if eligible, apply for Australian citizenship.

To begin with, you must have an occupation that is on the list of eligible skilled occupations, have at least 3 years of relevant work experience, and have a positive skills assessment unless you are exempt.

SKILLED INDEPENDENT VISA (SUBCLASS 189) POINT-TESTED STREAM

This visa allows invited workers with skills Australia needs to live and work permanently anywhere in Australia. If you are granted this visa, you can also sponsor eligible family members for permanent residence, and ultimately if eligible, to apply for Australian citizenship.

To begin with, you must have an occupation on the relevant skilled occupation list, have a suitable skills assessment for the occupation, be invited to apply for this visa and finally satisfy the points test.

This visa allows experienced business owners, to operate a new or existing business in Australia.

To begin with, you must have a net value of at least AUD1.5 million (lawfully acquired), an annual business turnover of at least AUD3 million for at least 2 of the 4 years immediately before you are invited to apply.

In addition, you need to demonstrate a total net asset of at least AUD400,000 as the ownership interest in one or more qualifying businesses for at least 2 of the 4 fiscal years immediately before you are invited to apply.

DISTINGUISHED TALENT VISA (SUBCLASS 124)

This visa allows an applicant with an internationally recognised record of exceptional and outstanding achievement to work, study and permanently reside in Australia. The recognised record must be related to a profession, a sport, the arts or academic and research.

You need a nomination by an Australian citizen, Australian permanent resident, eligible New Zealand citizen, or Australian organisation with a national reputation in relation to your area of talent.

BRIDGING VISA BVB (SUBCLASS 020)

This visa allows you to stay lawfully in Australia until your substantive visa application is finally determined. If granted, you can leave and return to Australia within the defined travel period while your request for a substantive visa is being processed. Work is subject to the conditions of your BVB.

This visa is temporary. A separate application for a BVB may be necessary where you have applied for judicial review. You can’t use a bridging permit while you are waiting for the outcome of your citizenship application.

Article Source: Best Immigration Lawyers In Brisbane | Aylward Game Solicitors

Aged Care Facilities |Brisbane Aged Care Lawyer

 

• Are You Considering Buying or Selling an Aged Care Facility? Needing to find the best Aged Care Lawyers?
• Are You Needing To Formulate An Agreement And Don’t Have An Experienced Aged Care Lawyer Onside?

If so, getting the right legal advice before you even submit or accept an offer is critical.
It is important from the beginning to ensure that:

• The transaction is structured correctly to manage liability to Transaction Duty;
• There is a method for setting the price providing for movements in Accommodation Bonds and Employee Entitlements;
• Thorough due diligence requirements are provided for;
• All necessary regulatory approvals and other requirements are addressed.
• 
  

There are various added fees for residential aged care facilities, and they are often arranged according to your financial situation. This is important to discuss as you commence your journey to look into various facility options. These fees help to cover the costs of daily living and extra care, as well as your accommodation. Some aged care facilities are means-tested, meaning they will vary their required financial contribution based on your income, assets, and government subsidies.

AGED CARE: GET WHAT YOU PAY FOR

A further point to consider when choosing among different aged care facilities is the extra services they may or may not provide. This can include varying standards of accommodation, facilities, food, and or services. These additional services do cost more, and like most considerations should be optioned for the comfort, financial position, and well-being of the resident.

Investigating alternate aged care facilities Gold Coast by way of a consultation appointment can help to clarify what the facility can provide. This also provides a key opportunity to inspect the facility, helping you to decide if it will be an appropriate, comfortable home.

Article Source: Aged Care Facilities

Mediation | Brisbane Mediators | Brisbane Family Mediation Lawyers

 

Role of the Mediator

The Mediator’s aim is to facilitate open communication between you and your ex-partner so that you can:

• Identify issues of the dispute;
• Generate options to address these issues; and
• Agree upon ways to resolve the issues (i.e. ‘settlement’).

The Mediator’s role is essentially a neutral one.  The Mediator will:

• Not take sides;
• Work with both you and your ex-partner to help you negotiate your own decisions together; and
• Not represent either of you in Court either before or after the Mediation;
• Not provide legal advice.

Characteristics of Mediation

• All decisions in mediation will be made by you and your ex-partner, not the Court or anyone else.
• The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
• Mediation is readily accessible, making it fast and efficient.
• Mediation is a popular form of alternative dispute resolution
• uently used to assist in this process.

FAMILY DISPUTE RESOLUTION

Family Dispute Resolution is a form of mediation and is a compulsory step before proceedings about children can be issued at the Court. This process endeavors to help to separate couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are frequently used to assist in this process.

MEDIATION COST COMPARED

Cost of Collaborative practice Mediation compared to Litigation

Because Mediation and the Collaborative process can resolve matters speedily and amicably, the financial and emotional damage normally caused by Litigation can be avoided by you, your family, and your friends.

Mediation and Collaboration can also serve to minimise conflict between you and your partner so that you can make amicable decisions regarding your finances and other personal interests. It will form a basis for your ongoing relationship with each other.

How is Collaborative practice different from traditional Court proceedings?

When one party commences Court proceedings they file an Application with the Court setting out the orders they want the Court to make. Both parties then go through a sequence of Court proceedings and conferences and hearings that can take many months or possibly years before they have a final trial where a Judge makes a decision as to what orders will be made.

Through Collaborative practice, separating couples and their lawyers work together, sometimes with other professionals such as relationship therapists, valuers, accountants, and financial planners, to find out what each party wants and how that can be achieved. The Court is not involved in this process and no documents are filed with the Court whilst the negotiations are ongoing. If an agreement is reached, the parties can elect for it to be drafted as a consent order to be lodged at the Court or to be incorporated in a binding financial agreement.

Don’t be frightened to make enquiries and conduct your own research. It is better to be empowered with legal and other knowledge than to worry about problems that may not exist.

Invitation: You are welcome to arrange an obligation-free 20-minute consultation with one of our qualified Accredited Family Law Specialist lawyers, to discuss your circumstances.

TIME EFFICIENCY OF MEDIATION

The efficiency of Collaborative practice and Mediation

Dispute resolution via Mediation or Collaborative practice in Family Law can be arranged in a timely manner and satisfactory outcomes can often be reached relatively quickly. With either method, negotiations usually take place either over a number of sessions or during one day, depending on the complexity of the dispute or the situation. By using either Mediation or Collaborative practice settlements can usually be reached after 6 to 8 hours of negotiation. The collaborative practice may take longer depending on the complexity of the circumstances and whether other support professionals need to be consulted. We can advise you during the process, whichever option you choose, and if appropriate we can also represent you in any meetings. When you are engaged in an alternative dispute resolution process it is important to remain focused on achieving a resolution, and to accept that compromise may be necessary.

Article Source: Mediation

Domestic Violence | Family Court Brisbane

Domestic violence of any shape or form is not tolerated in our community.

What are domestic violence and family violence?

Domestic and family violence involves one person in a relationship using violence or abuse to maintain power and control over the other party in the relationship. It is normally an ongoing pattern of behavior aimed at controlling the other person through fear.

Avoid the legal consequences and seek representation to avoid complications.

The Department of Communities, Child Safety, and Disability Services have listed many forms of domestic violence and this can include:

• physical abuse (including slapping, hitting, punching, pushing, kicking)
• threatening to hurt you, your children, pets, relatives, friends, or work colleagues
• threatening to disclose your sexual orientation to other people against your wishes
• threatening to, or depriving you of your liberty (including locking you in the house so you cannot go out)
• stalking (including constantly following you by foot or car, constantly calling you by phone, text message, and email, or staying outside your house or workplace). Stalking is a criminal offence in Queensland.
• damaging property to frighten and intimidate you (including punching holes in walls, breaking furniture, harming pets)
• emotional abuse (including criticising your personality, looks, the way you dress, saying you are a bad parent or threatening to hurt you, your children, or your pets, or threatening to damage personal items you value)
• verbal abuse (including yelling, shouting, name-calling, and swearing at you)
• sexual abuse (including forcing or pressuring you to have sex or participate in sexual acts)
• financial abuse (including taking control of your money, not giving you enough money to survive on, forcing you to hand over your funds, not letting you decide how it is spent)
• threatening to stop providing care for you if you don’t do what you are told (this sometimes happens to an elderly person or a person with an illness, disability, or impairment who relies on another person to care for them)
• social abuse (including controlling where you go, not letting you see or have contact with your friends or family)
• depriving you of the necessities of life such as food, shelter, and medical care
• spiritual abuse (including forcing you to attend religious activities against your wishes or stopping you from participating in the religious or cultural practices of your choice)
• threatening to commit suicide or self-harm to torment, intimidate or frighten you

Effect on Children

Domestic violence can be very damaging to children in a family that is subject to this form of behavior. It can have an ongoing and permanent effect on their interaction with other children, their schooling, and later relationships with other persons.

The Department of Communities, Child Safety, and Disability Services have recognised certain behaviors that children may show if they are being affected by domestic and family violence which include:

• copying the abusive or violent behavior
• sleeping difficulties such as nightmares
• trying to intervene to stop the abuse (this is how some children become injured during domestic and family violence incidents)
• being stunned into a terrified silence by what they see
• blaming themselves
• being afraid, angry and depressed
• bullying others or being bullied by others
• being cruel to animals
• regressive behaviours like bed wetting and thumb sucking
• being nervous and withdrawn
• changes in behaviour and/or academic performance at school
• displaying psychosomatic illnesses including unexplained headaches, asthma and stuttering
• running away from home
• attempting suicide or self-harm
• abusing alcohol and substances (in older children).

Domestic violence is controlled through the Magistrates Court of Queensland and in other State Courts in Australia.

Who can apply?

• the person experiencing the domestic and family violence (the aggrieved)
• someone else, for example a solicitor or social worker, can apply on behalf of the aggrieved with the aggrieved person’s consent
• a police officer attending a call out due to an incident of domestic and family violence. The consent of the aggrieved is not required for a police application
• someone acting under another Act for the aggrieved, for example, a guardian for a personal matter, or an administrator for a financial matter under the Guardianship and Administration Act 2000
• the Adult Guardian can apply if they believe that the aggrieved needs legal protection but does not have the capacity to apply for a protection order
• someone who is appointed as the attorney of the aggrieved under the Powers of Attorney Act 1998 and who makes the application under the enduring power of attorney.

Orders can be issued by the Court on a temporary or permanent nature. The general order made by the Court is:

1. The respondent (the person who uses abuse or violence) must be of good behaviour towards the aggrieved (the person who needs the order to protect them) and not commit domestic violence
2. If a named person is specified in the order the respondent must be of good behaviour towards the named person and not commit an act of associated domestic violence against the person.

Other orders can be made by the Court confiscating fire arms, removing a party from the family home, limiting the powers of a party to contact the person affected by the domestic violence including children and orders prohibiting a party from being in the vicinity of the family home, the work place of the other party or contacting the party by any means.

What are the police powers in relation to this?

The role of the Queensland Police is to respond to threats or incidences of violence and bring the matter before the Court. Many police officers are called to domestic violence incidents by victims or concerned neighbors.

 

The first priority of a police officer called to an incident is to ensure the safety of the parties involved.

A Queensland Police publication advises that:

If a police officer reasonably suspects an incident of violence (including physical, sexual, verbal or financial abuse; damage to property; harassment or intimidation; or threatening to do any of these), it is their duty to investigate the matter thoroughly.

This investigation may include:

• Separating the parties
• Asking personal questions — such as the history of the relationship and the reason for the present problem™
• Searching the premises for anything associated with causing injury or harm
• Removing the person using domestic violence and placing them in custody for up to four hours.

Can I make my own domestic violence application?

If the police are involved and if the police bring an application on behalf of a person who has suffered domestic violence then the Prosecutors of the Police Department will represent that party in domestic violence proceedings.

However a party may have their own lawyer engaged to bring the domestic violence application on their behalf. The lawyer can draft the necessary application ensuring that it contains all relevant information that the Court will require to consider that application. The lawyer can represent the party in all aspects of the application and the subsequent hearings in the Court.

At Family Law, we have the knowledge and experience to advise and guide our clients through the many and varied intricacies associated with domestic violence proceedings. We will draft the necessary documents to ensure they set out all relevant circumstances to comply with the legislation requirements to achieve the best outcome and to represent our clients in domestic violence Court proceedings. We are only too happy to act on your behalf in this regard.

Article Source: Domestic Violence