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Domestic Violence

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If you suspect you are the victim of domestic violence, seek immediate legal advice or telephone Queensland Police.

Domestic Violence is defined in the Family Law Act. It is actual or threatened conduct by one person towards another, a member of their family or toward property that may cause that person or their family to reasonably fear for or feel apprehensive about their wellbeing or safety.

It is controlling behaviour such as physical or sexual abuse, emotional deprivation or intimidation, usually in an intimate or family relationship. Violence between partners is about power and control.

The law aims to protect individuals from harm and violence.

What protection can I get?

If you are suffering violence, you may be eligible to apply for a Domestic Violence Protection Order under the Domestic Violence (Family Protection) Act 1989. If there is an act of domestic violence and the police attend, they may remove the perpetrator and he/she will be kept in safe custody, usually up to four hours. If the police do attend the scene, they may apply for a domestic violence order on your behalf.

If you wish to apply protect yourself, it is necessary to lodge an application in your local Magistrates Court. After filing of the material, you will be provided a first court date. On this date you and the Respondent (the person who committed the acts of domestic violence) are required to attend.

It is advisable to seek legal advice before lodging an Application and before your first appearance in court. At this first court date, the Respondent may consent to an Order being granted or he/she may oppose it and request the matter proceed to trial. Generally, if there is sufficient evidence, a temporary Order will be issued on that day.

There are set conditions contained in any order and these are that the named person must be of good behaviour and not commit acts of domestic violence toward the person/s listed on the order. Further conditions can be placed in the Order, for example, not to come within a certain distance of persons named or their home or place of work or in some circumstances the Respondent may be directed to vacate the family home. To breach the Order may result in criminal prosecution. Generally, a final Order will be for two years.

Every person has a right to live without fearing violence or abuse from people they care about. Call us straight away if you fear for your safety or that of your children.