Our legal services

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Please click on this link to view MIDLAS Safety Plan for Victims of Domestic Violence. Keep in mind this is only a guideline and there may be many ways of approaching the situation.
 
 
 

Overview

Approximately 1 in 3 women over the age of 15 have experienced physical violence at some stage in their life. You need to know that there are people who can help and that you are not alone. More importantly, you need to know how to keep yourself safe.

Some victims of domestic violence choose to remain in the relationship, or may not be able to leave their partner for any number of reasons. That’s ok. But remember that your safety is of the utmost importance and there are things you can do to feel safer in your everyday life.

MIDLAS is a community legal centre accredited by the National community Legal Associations (NACLCA)

MIDLAS offers a free legal service focused on assisting victims of family and domestic violence. This includes initial assistance and advice in family law (excluding property) and criminal injuries compensation. For any legal matters that exceed the scope of the MIDLAS Domestic Violence Legal Service, the solicitor will facilitate a referral and transfer to a suitable, alternate legal practitioner.

If you are experiencing any form of Domestic Violence, MIDLAS provides a safe, private and confidential environment for victims to seek professional legal assistance in navigating this often daunting and highly emotional aspect of the law.

Funding

The MIDLAS Legal Service is funded by the Public Purposes Trust

Eligibility

To be eligible for the MIDLAS Legal Service clients who are the victims of Domestic Violence and who reside in the following areas; the City of Swan, Shire of Mundaring, Town of Bassendean or the Shire of Kalamunda.

Alternative Formats

MIDLAS makes all documents available in multiple alternative formats and important forms are provided in Easy English versions where appropriate. Please call us on 08.9250 2123 to discuss your needs.

Original Documents

You will need to bring your original documents, bills, bank statements etc. to the interview and we will take a copy. We do not keep any of your original documents on site.

Issues

Domestic Violence

Domestic violence means violent behaviour of a person who is living with another person
married couple, de facto couple, child and parent intimate partner.

MIDLAS legal team are here to assist you with matters concerning domestic violence. Please note that we do not assist the perpetrator, only the victims of Domestic Violence. Violent behaviour can take many forms including: physical, sexual and emotional abuse. Domestic Violence is more common than you may think amongst the households scattered throughout Australia.

It is important to know that you are not alone and help is out there for you. If you are a victim of domestic violence, it is important you contact the police as soon as possible. Then, call MIDLAS on (08) 9250 2123 to seek the assistance of our experienced legal team to guide you through this situation.

MIDLAS Safety Plan

Please click on the links below to view MIDLAS Safety Plan for Victims of Domestic Violence. Keep in mind this is only a guideline and there may be many ways of approaching the situation.

MIDLAS Safety Plan

Violence Restraining Orders

A violence Restraining Order is a court order whereby restrictions are placed on the conduct of a person (the perpetrator) who has contravened/ or broken the law. For example, if anther person has assaulted or intimidated or damaged your property.

If you are a victim of domestic violence, you can make an application to a Magistrate’s Court outlining the misbehaviour of the perpetrator and obtain a temporary order (interim violent restraining order) against the perpetrator in relation to their conduct.

If the perpetrator objects to the temporary court order, the court will ask both yourself and the perpetrator to attend court to explain the position.

Prior to obtaining a VRO , both parties can agree upon an Undertaking, where both parties agree to a non-legal set of rules and guideline. If you cannot come to an agreement, then the matter goes for trial.

At the trial yourself and the perpetrator provide evidence and can call other witnesses to support your case. Both parties are also able to provide documents such as medical reports for the court to consider. The court after hearing all the evidence and considering the documents provided will make a decision.

MIDLAS empower victims of domestic violence by giving appropriate legal advice, preparing for them necessary documents, and represent them in the Magistrates’ Courts to protect their basic human rights.

Advice

All legal advice can only be provided by MIDLAS lawyers. All other MIDLAS staff members provide information, advocacy, support, options and referral. MIDLAS legal advice is providing you information and a formal opinion in relation to your Domestic Violence situation. Legal advice is distinguished form legal information which is reiteration of legal fact.

Child Custody Orders

Victims of violence invariably end up with breakdown of their relationships, and then they need legal advice to resolve issues relating to their children. The children have the right to see both the parents and spend time with them, unless there are special circumstances and it is in the best interest of the children that a parent is prohibited from seeing his/her child.

MIDLAS lawyer can assist and advise the victims of violence in relation to their children so that they can protect their rights as parents and also the rights of children.

Criminal Injuries Compensation

If you are a Victim of a criminal offence, you have the right to compensation. The Western Australian government provides criminal injuries compensation to victims of crime, where the crime has resulted in injury to the victim, damage to your clothing, medical expenses, loss of earnings, loss of support for dependants of victims who die as a result of the crime, and funeral expenses.

These claims can have complications and you may need legal advice before you decide to file a claim with the office of the Chief Assessor, Criminal Injuries Compensation. There is a time limitation with in which the victim has to file a claim.

A victim may have to get medical reports and reports from other professionals in order to substantiate the claim. You normally need to be guided by a professional to prepare your claim unless you decide to prepare you own application.

MIDLAS has the capacity to provide legal advice to the victims of crime and prepare their applications and supporting evidence for compensation.

Services

Legal Advice

All legal advice can only be provdided by MIDLAS lawyers. All other MIDLAS staff members provide information, advocacy, support, options and referral. MIDLAS legal advice is providing you information and a formal opinion in relation to your Domestic Violence situation. Legal advice is distinguished form legal information which is reiteration of legal fact.

Court Representation

In situations where the you are unable to advocate for yourself and need a lawyer present, the MIDLAS lawyer may represent you with matters that proceed to court.

Paralegal assistance

MIDLAS can provide the assistance of a paralegal to assist you with matters pertaining to Violence Restraining Orders. This includes holding an initial meeting and assessment. MIDLAS paralegal can assist you in filling out forms and paper work and provide options to you and your family. The Paralegal cannot give legal advice.

MIDLAS is committed to engaging and communicating through:

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