Have you been involved in a domestic violence incident?

What is domestic violence?

Domestic violence is governed in Queensland by the Domestic and Family Violence Protection Act.

According to domestic violence legislation, behaviour is considered domestic violence if it is: 

(a) physically or sexually abusive; or

(b) is emotionally or psychologically abusive; or

(c) is economically abusive; or

(d) is threatening; or

(e) is coercive; or

(f) in any other way controls or dominates the person and causes them to fear for their safety or wellbeing, or that of someone else

Domestic violence includes the following behaviours:

(a) causing personal injury to a person or threatening to do so. This can include hitting, punching, choking, and kicking;

(b) coercing a person to engage in sexual activity or attempting to do so;

(c) damaging a person’s property or threatening to do so;

(d) depriving a person of the person’s liberty or threatening to do so;

(e) threatening a person with the death or injury of the person, a child of the person, or someone else;

(f) threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;

(g) causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;

(h) unlawfully stalking a person;

(i) unauthorised surveillance of a person

‘Unauthorised surveillance’ is defined widely and means the unreasonable monitoring or tracking of the person’s movements, activities or interpersonal associations without the person’s consent, for example, by using technology.

Examples of surveillance by using technology

• Reading a person’s SMS messages

• Monitoring a person’s email account or internet browser history

• Monitoring a person’s account with a social networking internet site

• Using a GPS device to track a person’s movements

• Checking the recorded history in a person’s GPS device

Examples of emotional abuse or psychological abuse include:

• Belittling

• Gaslighting

• Name calling

• Criticism

• Verbal threats

• Stalking

• Isolating from family and friends 

Domestic violence matters are heard in the Magistrates Court. This area of law is constantly developing and so experienced representation is critical. For clients, this area of law is especially sensitive and emotional, as it involves close family members and loved ones. Our criminal lawyers understand that extra support is often needed during these difficult legal proceedings. Our team of criminal defence lawyers are experienced in domestic violence cases, and are here to provide quality representation. Contact a Brisbane domestic violence lawyer today for further domestic violence legal advice.

Types of domestic violence orders

A domestic violence case usually starts by the aggrieved making a complaint to the police or filing an Application for a Domestic Violence Order (DVO) against the respondent. The aggrieved can apply or the police may apply on behalf of the aggrieved for a DVO. 

Once the application is filed, the case will be given a hearing date. The parties will need to appear before a Magistrate to indicate how they wish to proceed. It is usual that the first hearing date is adjourned for reasons such as the parties requiring more time to prepare or to seek further legal advice. Overall, it could take a few weeks or months for the case to be finalised before the Court, depending on if the respondent consents to the application or contests it. 

In the meantime, the Court will usually make a temporary protection order if the Magistrate is satisfied that a relevant relationship exists between the aggrieved and the respondent, and the respondent has committed domestic violence against the aggrieved. This is usually evidenced in an Affidavit prepared by the applicant.

The possible outcomes in a domestic violence matter are:

1. The Court does not make a protection order and dismisses the Application

2. The Court makes a protection order

A DVO generally takes effect on the day it is made by the Court. The period of the protection order is generally 5 years. For a period less than 5 years, the court must be satisfied that there are reasons for doing so. In deciding the duration of the order, the paramount consideration is the safety, protection, and wellbeing of people who fear or experience domestic violence, including children.

If you are a respondent to an application, it is crucial to seek early advice from an experienced domestic violence lawyer. Any consent to an application should not be made lightly, as the decision can impact family law proceedings, criminal law proceedings, employment, a weapon’s licence, and even travel. It is important to discuss your specific circumstances with a senior lawyer as early as possible. Get legal assistance that you can trust now by contacting our team.

DVO conditions

If the court makes a DVO, the standard conditions that the respondent must abide by include:

• The respondent must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved or named persons in the order 

Other conditions can include:

• The respondent must not approach the aggrieved at home or their place of work 

• The respondent must not approach family members or friends listed in the order

• The respondent must not approach the school or daycare of any children listed in the order

What if you’ve been accused of breaching your domestic violence order?

Contravention of a condition of a DVO is a criminal offence. If the police allege that you have breached the protection order, the police will charge you for an offence of contravention of a domestic violence order. You will need to appear before a criminal court. Breach of a DVO is a serious criminal offence and penalties range from fines to imprisonment. 

It is important to seek legal advice early before appearing in Court.

What if you’re a respondent to an application?

The typical options a respondent has to a domestic violence application include:

• Accepting the application without admissions

• Contesting the application

Our experienced lawyers have successfully represented respondents in a number of these applications and we understand the intricacies of family law proceedings. Contact us for prompt legal advice that you can trust.

What if you’re seeking to complete an application against the accused?

We appear in all domestic violence matters. If you are the aggrieved, we can assist you as you complete a domestic violence application for the family law courts.  

We understand that every domestic violence case is different and that more than just family law matters may be relevant in your domestic violence case. For example, you may also need legal advice concerning: 

• Property settlements (domestic violence) 

• Sexual abuse or sexual assault

• Parenting and property proceedings 

• Family violence intervention orders 

If you have been a victim of domestic violence and are wanting to take legal action against the aggressor, our domestic violence lawyers are here to help. We are ready to listen to your circumstances with empathy and gain an understanding of the intricacies of your case. If you’re ready to start your legal journey, contact our team today.