What is Domestic Violence?
Domestic violence ranges from direct physical action, verbal abuse, sexual attack, stalking and property damage to more subtle forms of intimidation and control. These include financial and emotional manipulation designed to intimidate you and erode your confidence and wellbeing.
Often domestic relationships can end on acrimonious and negative terms. Other times one party may simply feel that they need protection from the other. Whatever the case, we have represented either the aggrieved person or the respondents in these matters on many occasions. The standard rules of evidence do not apply to domestic violence matters and the relevant test of law is quite low. It is therefore essential, especially if you are a respondent, to seek legal advice immediately to avoid the matter affecting you, your livelihood or your family.
We're Here to Help With Domestic Violence Matters
New laws were introduced in Queensland in 2012 to provide protection to people who experience violence in a domestic or family situation. A domestic violence protection order is a civil order that prevents the person whom the order is taken out against (the respondent) from perpetrating domestic violence on anyone named in the order. It does this by stating rules and conditions that the respondent must obey. Failing to comply with the conditions of a domestic violence protection order is a criminal offence and can lead to a term of imprisonment.
Our solicitors have a wealth of experience in domestic violence matters and are able to provide a holistic approach to these complex situations. We can help you if you are in need of protection from domestic violence, if you have been accused of committing domestic violence, or if you have been charged with contravening a protection order that was made against you.
Examples of behaviour that constitutes domestic
violence include but are not limited to:
Injuring (or threatening to injure) you (e.g. punching, strangling, pushing, slapping, grabbing)
Repeatedly contacting you without your consent (e.g. calling, texting, emailing, or contacting you on social network)
Damaging (or threatening to damage) your property (e.g. punching holes in the walls or breaking plates)
Stalking you, following you, or remaining outside your house or place of work
Threatening to commit suicide or self-harm to scare you
Threatening you with the death or harm of another person
Controlling, withholding or misusing your money or property (or threatening to do so)
Preventing you from contacting your family and/or friends.
If someone has applied for a domestic violence protection order against you, you initially have four options available to you:
Consent to an order being made (this may result in significant long-term consequences to many aspects of your life)
Ask for the proceedings to be adjourned so you can get legal advice
Oppose the orders sought by the aggrieved
Do nothing and not attend court (although an order may still be made in your absence)
You must consider the following if there is a domestic violence protection order made against you:
Do not break the conditions on the order or the notice, even if you do not agree with the conditions or the aggrieved person consents to you not complying with the conditions
Read the order or notice carefully and contact us for legal advice so that we are able to explain the conditions imposed against you