Family & Domestic Violence Legal Support
Domestic and Family Violence Proceedings are often difficult and emotional, regardless of whether you are seeking protection or you are responding to an application brought against you. The legal process can be overwhelming and complex, making it difficult to navigate. Our Family Law team provides compassionate, supportive, and clear legal advice and representation for individuals involved in domestic violence proceedings across Queensland and interstate.
If you or your children are at risk of immediate harm, please call the police immediately.
WHAT IS A DOMESTIC VIOLENCE ORDER?
In Queensland, a domestic violence order (“DVO”) is an order made by the Court that outlines how one person (the respondent) must behave against another person (the aggrieved) and any other person named on the order. Depending on the circumstances, there are a range of conditions that can be included on a DVO to protect the aggrieved and any named persons.
It is important to understand that a DVO is not a criminal order; however, if the DVO is not followed, there can be criminal consequences for breaching the order.
HOW IS A DOMESTIC VIOLENCE ORDER MADE?
A DVO is made through an Application for a Protection Order, which is filed in a Queensland Magistrates Court. Two (2) types of applications can be made, depending on who the person making the application is.
- Police Application (or Police Protection Notice)
Police have an independent obligation to protect people who have experienced or are experiencing domestic and family violence in Queensland. As such, police are able to make an application on behalf of an individual for their protection.
- Private Application
Individuals are able to make an application on their own behalf without the involvement of the police.
Regardless of whether an application is a police application or a private application, the application must prove that:
- There is a relevant relationship;
- There has been an act or acts of domestic violence; and
- An order is necessary or desirable.
WHAT TO DO IF YOU NEED PROTECTION?
Everyone has the right to safety and to live without domestic and family violence. Queensland has a broad definition of domestic and family violence, which includes the following:
- Physical violence;
- Sexual violence;
- Coercive Control;
- Emotional control and manipulation;
- Verbal abuse;
- Financial control and abuse;
- Stalking and unlawful monitoring; and
- Harassing and controlling behaviour.
Depending on your circumstances, you may be able to make an urgent application for a protection order. These applications can be listed before the court on the same day if required to ensure that you are protected.
If you are concerned that you or your children are experiencing domestic and family violence, it is important that you obtain legal advice about options that may be available for your protection.
Our experienced Family Law team understands the often-complex dynamics involved in domestic violence matters, and we can assist you by:
- Advising you on your options to make an application;
- Linking you in with support services and safety planning;
- In high-risk situations, making an urgent application and attending court on the same day;
- Representing you in court in mentions, hearings, and reviews;
- Drafting and preparing your application and any ongoing material required; and
- Helping you understand how a DVO may affect parenting and property matters.
WHAT TO DO IF YOU GET SERVED WITH AN APPLICATION AGAINST YOU?
If you have been served with an Application for a Protection Order, it is important that you obtain legal advice about your individual circumstances and the options available to you. If you have not had the opportunity to obtain legal advice before the matter being heard in Court, you must still attend Court; otherwise, an order may be made against you in your absence.
Our experienced Family Law team can assist you in your domestic violence matter by:
- Representing you in court at mentions, hearings, and reviews;
- Liaising with police and making submissions on your behalf;
- Helping you respond to an application that has been made against you;
- Advising you of the options available to you; and
- Assisting you to understand how the application may affect parenting arrangements, employment, and other matters such as firearms licenses.
CONTACT US
We strongly recommend seeking the advice of an experienced family law to help you understand and navigate domestic and family violence proceedings.
Speak to our Family Law team to discuss how we can support you.
The blog published by Rostron Carlyle is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult Rostron Carlyle on any legal queries concerning a specific situation.
