High conflict individuals: some cases always end up in court
Queensland has introduced new domestic violence laws aimed at combating coercive control.
The laws will help victims by looking at a pattern of behaviour, rather than individual incidents and the new laws also aim to limit a perpetrators ability to re-traumatise their victims during the court process.
However, in some cases, no matter how strong the laws or how keen you are to reach a settlement with your former partner, the matter will still end up in front of a judge.
This could be because your ex is what is known as a “high conflict person”.
High conflict people feel justified in:
- Committing family violence
- Destroying property
- Hiding assets
- Harassing and stalking the other party
- Physically abusing children
- Alienating children from the other parent
- Making false allegations of child abuse
- Making false allegations of domestic violence
- Filing grievances against and suing legal and mental health professionals
- Publicly retaliating against the opposing party and/or the legal and mental health professionals in the media and on the internet
Unfortunately, the adversarial nature of the court process attracts individuals with high conflict personalities because they want their day in court.
They see the judge as being an all-powerful person who will punish or control their ex-partner for them.
When dealing with a high conflict person, it is often unlikely that a settlement can be reached, or at least, not until there has been a great deal of emotional and financial expense because these people are not rational or reasonable.
High conflict people are not good at negotiation, as they tend to have an “all or nothing” mentality. At the same time, the high conflict person will pressure their ex to give them much more than a court would give them, because of their innate belief they were abandoned or are superior.
If you can reach a settlement before going to court, then it is critical the agreement be written in an enforceable manner and be as specific and detailed as possible.
You will need to draft the agreement while bearing in mind the high conflict person will try and violate the agreed-to terms.
If you find yourself in a situation where you feel your former partner is a high conflict person, you need legal advice in empathetic surroundings. The family law experts at Michael Lynch Family Lawyers are here to help you through this time.
Call our office on: (07) 3221 4300 or email: [email protected] to make an obligation free appointment.