What Is Child Abuse?

At what point is it considered child abuse

Child abuse can occur if a child sees or hears family violence.

It is not limited to only physical abuse. The Family Law Act describes a wide range of circumstances that could be considered child abuse:

  • An assault of the child.
  • A sexual assault of the child.
  • Causing a child to suffer serious psychological harm
  • Serious neglect of the child.

Victim’s of Domestic Violence,  can apply for an Apprehended Domestic Violence Order (ADVO) to avoid having any contact with the person causing the abuse.

The ADVO will always have three conditions prohibiting the Respondent from:

  • Intimidating, assaulting, molesting, harassing, threatening or interfering with the Protected Person;
  • Stalking the Protected Person; and
  • Any children of the relationship.

You will be able to get an ADVO if you can satisfy the court that:

  • There was a relationship between the victim and the person causing the abuse,
  • There was an act of domestic violence towards the victim

You may or may not need to represent yourself when you get an ADVO. If the police have applied for an ADVO on your behalf, you won’t need to represent yourself or get a lawyer. The Police Prosecutor will present the matter in court and you may or may not have to attend.

If you have applied for an ADVO on your own through the Local Court, it is a good idea to get a lawyer to represent you. Find out more information on going to court.