Whether you are the victim of domestic violence, or you have been accused of family violence, we can help.
Domestic violence may be one of the causes of the relationship breakdown, or it could be something that develops from the hurt and anger of the breakup itself. Violence is always unacceptable and we can help you take legal steps to protect yourself and your children.
Domestic Violence is sometimes referred to as family violence to illustrate that violence can occur in a wide range of relationships, not just between couples. The Domestic and Family Violence Protection Act (Qld) 2012 also has provisions to protect those in a care relationship or extended family connections.
A frequent misconception is that the violence must be physical, however, the legislation covers a wide range of behaviours. These include the emotional or psychological abuse, economic abuse, threats, coercion and controlling or dominating behaviour.
Whilst it is true that statistically women are more often victims of domestic violence, men and children can be victims too. The protections of the legislation apply equally to all genders and ages.
Many are familiar with the family law concept ‘the best interests of the child’. In domestic violence cases, the equivalent principle is the safety, protection and wellbeing of people who fear or experience domestic violence, including children. Your safety is our primary concern.
ARE YOU A VICTIM OF DOMESTIC VIOLENCE?
Help is available. Your first stop might be an experienced domestic violence lawyer like us who can help you negotiate the court process but more likely you will seek assistance from either your extended family or a community organisation to help you with your immediate physical needs like shelter, food, counselling and support.
You can obtain practical support from DV Connect Womensline on 1800 811 811. Womensline helps women to obtain safe refuge accommodation, confidential counselling and referral to other services. The equivalent service for men is DV Connect Mensline 1800 600 636.
Once you and your family are safe, you can commence the process of bringing an application for a Protection Order under the Domestic and Family Violence Protection Act (Qld) 2012. In some cases, the Queensland Police will bring an application on your behalf.
The application process is quite straightforward. You simply need to complete the Form DV1 Protection Order Application and file it with your local Magistrates Court. We can assist you to prepare this application to ensure that you have properly completed all relevant sections and included sufficient examples of domestic violence that would justify the court making an Interim Protection Order in your favour.
Once your application has been filed, the Police will serve the application on the Respondent, that is, the person you have accused of being domestically violent towards you. You will also be allocated a court date.
There are a number of paths the court process could take. The Respondent might consent to a Protection Order being made, or they may wish to take the matter to trial and have the court decide if there is sufficient evidence to make a Protection Order. You will usually be protected by an Interim Protection Order whilst the court process is underway.
You will benefit significantly from services of an experienced domestic violence lawyer who can support and guide you throughout. Contact us today to discuss how we can help you.
HAVE YOU BEEN ACCUSED OF DOMESTIC VIOLENCE?
If you have been accused of domestic violence you need a skilled domestic violence defence lawyer who is experienced not just in the domestic violence process itself, but in the related areas of Family Law and Criminal Law. You’ll want the best. You’ll want us.
We can advise you on the application against you, prepare your response and appear for you at court events. In most cases, we recommend a barrister be briefed to appear at the final hearing. You will have a strong team of experienced lawyers working to defend you against the allegations.
As family lawyers, we can also advise and assist you with regard to family law matters if the domestic violence allegations occur in the context of a relationship breakdown and are impacting your relationship with your children.
Further information is available from the Queensland Government’s DV support pages.