02 9159 9010
Going Through a Separation or Family Law Matter?
Criminal charges and family law matters are often deeply interconnected. Domestic violence charges, AVOs, and other criminal proceedings can have a direct and significant impact on parenting orders, child custody arrangements, property settlements, and divorce proceedings. Having a legal team that understands both systems is essential to protecting your rights and your family.
At Blackridge Law, our child support lawyers in Sydney provide integrated criminal and family law services, ensuring that your criminal defence strategy and your family law position are aligned from the outset. We understand the intersection between the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and the Family Law Act 1975 (Cth), and we work to protect your interests across both jurisdictions.
Contact our family law barristers in Sydney on 02 9159 9010 for a free, confidential consultation.
How Criminal Law and Family Law Intersect
Criminal proceedings and family law proceedings often run in parallel, and outcomes in one jurisdiction can directly affect the other. Understanding these connections is critical:
- AVOs and Parenting Orders: An Apprehended Domestic Violence Order (ADVO) can restrict your ability to see your children, attend their school, or contact the other parent. If a Family Court parenting order is inconsistent with an ADVO, the parenting order overrides the ADVO — but only to the extent of the inconsistency. Getting this right is essential.
- DV Charges and Custody: Under the Family Law Act, the court must consider any history of family violence when determining what is in the best interests of a child. A conviction for a domestic violence offence can significantly affect your prospects of obtaining parenting orders, including spending time with your children.
- Criminal Findings in Family Court: Findings of guilt by a criminal court are admissible in the Federal Circuit and Family Court and may be accepted as proven facts under section 69ZX(3) of the Family Law Act. Even if you are acquitted in criminal proceedings, the Family Court may still make adverse findings on the lower civil standard (balance of probabilities).
- Bail Conditions and Contact: Bail conditions and ADVO conditions may prevent you from contacting the other parent or attending certain locations. This can conflict with parenting arrangements. Our lawyers ensure your bail conditions are workable alongside any existing or proposed parenting arrangements.
- Coercive Control and Family Law: Since 1 July 2024, coercive control is a criminal offence in NSW under section 54D of the Crimes Act 1900. The Family Court is expected to give greater weight to coercive control findings when assessing safety and the best interests of children in parenting proceedings.
Our Family Law Services
- Parenting Orders: We assist clients in applying for, varying, or defending parenting orders in the Federal Circuit and Family Court. We ensure your criminal matter is strategically managed to support your family law position.
- AVO and Parenting Order Conflicts: We advise on the interaction between AVOs and parenting orders, ensuring you understand your obligations under both and that your arrangements are lawful and practical.
- Property and Financial Settlements: We provide advice and representation for property division and financial settlements following separation, including where criminal proceedings affect asset disclosure or financial arrangements.
- Divorce Applications: Our divorce lawyers in NSW assist with divorce applications under the Family Law Act, including where domestic violence or other criminal matters are relevant to the proceedings.
- Intervention Orders and Family Violence: We advise on how AVOs, ADVOs, and criminal charges for family violence affect your family law rights and help you navigate both systems.
- Mediation and Dispute Resolution: We represent clients in family dispute resolution and mediation, including where domestic violence exemptions apply under section 60I of the Family Law Act.
- Recovery Orders and Contravention Applications: If the other parent is not complying with parenting orders, or if your child has been withheld, we assist with recovery orders and contravention applications.
Why Choose Us As Your Family Lawyers In Western Wydney?
Most family law firms do not have criminal law expertise, and most criminal law firms do not practise family law. This gap can be dangerous — a poorly managed criminal case can destroy your family law position, and a family law strategy that ignores pending criminal charges can lead to adverse outcomes in both jurisdictions.
At Blackridge Law, you get a team that understands both systems. We coordinate your criminal defence and family law strategy so that every step you take in one jurisdiction supports your position in the other. This integrated approach is particularly critical in domestic violence matters where the stakes across both systems are highest.
Frequently Asked Questions
Can I see my children if I have an AVO against me?
Can I see my children if I have an AVO against me?
Can the Family Court override an ADVO?
Should I get my criminal matter resolved before starting family law proceedings?
Speak with a lawyer
Need family law advice alongside a criminal matter? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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