Article overcoming challenges 1
Series: Overcoming challenges

Resolving legal challenges

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Do you have legal issues related to your gambling?

If you are having trouble controlling your gambling, you may find yourself in a difficult legal situation as the result of your gambling. Some people can find themselves facing charges related to financial crimes or other gambling-related offences.

If you are facing legal charges related to your gambling, it’s essential to seek professional legal help, as well as support for your gambling. By working with a lawyer, you can make informed decisions and work towards the best possible outcome.

Does your friend or family member have legal issues related to their gambling?

If you have a family member or friend who is having trouble controlling their gambling, they may find themselves in a difficult legal situation as the result of their gambling. Some people can find themselves facing charges related to financial crimes or other gambling-related offences.

If your family member or friend is facing legal charges related to their gambling, it’s essential to encourage them to seek professional legal help, as well as support for their gambling. With your support and guidance, they can work with a lawyer who can help them make informed decisions and work towards the best possible outcome.

Some partners and other family members resort to criminal activities because of the financial stress they face as a result of another person’s gambling. If this your situation, you should also get professional legal help.

Does someone have legal issues related to their gambling?

As a health professional working with someone who is having trouble controlling their gambling, it’s important to understand that they may face legal challenges as a result of their gambling. Some people can find themselves facing charges related to financial crimes or other gambling-related offences.

If the person you’re working with is facing legal charges related to their gambling, it’s essential to encourage them to seek professional legal help, as well as support for their gambling. With your guidance and advice, they can work with a lawyer who can help them make informed decisions and work towards the best possible outcome.

What happens when someone is charged with a crime?

When someone is facing charges for a criminal offence related to their gambling , such as financial crimes, domestic or family violence offences, or casino exclusion order breaches, the police will investigate the allegations of the crime and may want to interview the person.

A person who is facing legal charges related to their gambling should seek professional legal help. Lawyers can provide them with guidance and support in navigating the legal system and help them understand their options. Lawyers can assist them in understanding the charges they are facing and the potential consequences if they are convicted. They can also help in developing a defence strategy that may include negotiating a plea deal, seeking a reduced sentence, or fighting the charges in court.

Financial crimes

Sometimes, people experiencing gambling harm commit crimes to fund their gambling or pay off their debts. If this happens, it’s important to talk to a lawyer who can discuss their options with them and help explain the circumstances to the police or court.

Domestic or family violence offences

Research shows that the financial and emotional stress from gambling can increase the likelihood of domestic or family violence. A Protection Order is a court order that aims to protect people from violent behaviour, or behaviour that makes them fear for their safety. A Protection Order is a legal document that lists things the person who might perpetrate the violence is not allowed to do, like assaulting, threatening, harassing or intimidating the protected person.

The police may make a provisional protection order against someone if they’ve been involved in a domestic or family violence incident. This is a temporary order until the matter goes to court. The court can also make any other orders that are deemed necessary to ensure the safety of the protected person.

Support is also available for anyone experiencing domestic or family violence – see Gambling and Family Violence for more information or contact 1800 RESPECT (1800 737 732) 24 hours a day, 7 days a week.

Casino exclusion order breaches

Self-exclusion involves voluntarily registering to be temporarily or permanently blocked from going to certain places where people can gamble, like clubs, pubs, TABs or casinos. It’s not an offence for self-excluded people to enter the venue while the ban is in place, and no legal action can be taken against them.

It is, however, against the law to breach a casino exclusion order. Some casinos in Australia may give a person a mandatory exclusion order when they repeatedly breach a voluntary self-exclusion ban or if they misbehave at the casino. Mandatory casino exclusion orders prohibit the person from entering or remaining in the casino. The penalty for breaching a casino exclusion order varies from state to state but the penalty can be a substantial fine and/or imprisonment. People who have been given a mandatory exclusion order should seek advice from a lawyer before going to court.

Consideration of treatment

Taking actions to address the issue of gambling, like counselling or self-exclusion from gambling venues, may be taken into consideration by the court. Some gambling counsellors can provide letters of attendance or court reports that can be taken into consideration by the court when it is deciding upon a sentence. Not all counselling services provide court reports, so checking with the service is a good idea. See Seeking Support or Gambling Self-Exclusion for more information about different counselling options.

On top of dealing with the financial consequences of gambling, legal issues can also cause emotional, relationship, and financial problems for both the person who gambles and their family members and friends. Getting professional support for these issues can be very helpful. See Seeking Support.

How can people get legal advice?

A person may be eligible for free legal support depending on their circumstances and the legal issue they face. For free legal advice, they can contact their state or territory Legal Aid helpline:

Australian Capital Territory

Legal Aid ACT Helpline
1300 654 314 
Monday to Thursday 8:30am to 7pm, Friday 8.30am – 5pm

Tasmania

Legal Advice Service 
1300 366 611 
Monday to Friday 9am to 5pm

New South Wales

LawAccess NSW
1300 888 529 
Monday to Friday 9am to 5pm

Queensland

Legal Aid Queensland
1300 651 188 
Monday to Friday 8:30am to 4.30pm

Western Australia

Legal Aid WA Infoline
1300 650 579 
Monday to Friday 9am to 4pm

South Australia

Legal Services Commission of SA
1300 366 424 
Monday to Friday 9am to 4:30pm

Northern Territory

Northern Territory Legal Aid Helpline
1800 019 343 
Monday to Friday 8am to 4:30pm

Victoria

Victoria Legal Aid Legal Help 
1300 792 387 
Monday to Friday 8am to 6pm

Do you want more help?

For help with resolving your legal challenges, you can start an online chat with us or call the Gambling Helpline on 1800 858 858 – free, confidential, 24 hours a day, 7 days a week. These services are available to support anyone affected by gambling harm, including family members or friends.

Do you want more help?

For help with resolving their legal challenges, you or your family member or friend can start an online chat with us or call the Gambling Helpline on 1800 858 858 – free, confidential, 24 hours a day, 7 days a week.

These services are available to support anyone affected by gambling harm, including family members or friends like you. It’s not only the person who gambles that can be affected, but the people close to them too. It’s important to take care of yourself when you’re supporting someone else. Check out the family and friends section in our peer support community to connect with people who understand.

Do you want more help?

For help with resolving their legal challenges, you or the person you’re working with can start an online chat with us or call the Gambling Helpline on 1800 858 858 – free, confidential, 24 hours a day, 7 days a week.

These services are available to support anyone affected by gambling harm, including family members, friends, and professionals like you. It can be hard for professionals to support people with gambling issues. To learn more about how you can help, go to our section on How Professionals Can Help.

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