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Domestic Violence Applications

At Morton Lawyers our focus is on criminal law, but this is not all we do…

Whether you are seeking assistance as an applicant or a respondent, Morton Lawyers can help you navigate the difficult and emotional process of appearing in court on an allegation of domestic violence.

Domestic Violence includes the following behaviours:

  • Actual physical violence

  • Threats of physical violence

  • Damage to personal property

  • Threats to damage personal property

  • Intimidating and harassing behaviour

  • Verbal abuse

Domestic Violence Applications are often decided on the basis of written evidence filed with the court. That means affidavits (evidence in a written form) are compiled and filed with the court. If the Magistrate is of the opinion that verbal evidence is required, you will have the capacity to cross examine the witness in court.

Domestic Violence Applications are civil applications; therefore the applicant needs to prove on the balance of probabilities two things:

  1. An act of domestic violence has occurred

  2. An act of domestic violence is likely to occur again

Matters of this nature can be extremely distressing and as a consequence self-represented litigants can include material that is irrelevant or adverse to your interest. Legal representation will ensure that your documents are accurate and address all the relevant matters and legal tests, as well as support you through this difficult process.