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Domestic Violence
At Connolly Suthers, our expert lawyers can assist you with:
- Making an application for a domestic violence order against someone;
- Opposing an application for a domestic violence order made against you;
- Consenting to an order being made without admission;
- Appealing or varying a domestic violence order made against you.
What is domestic violence?
Domestic violence is behaviour in a relationship that:
- Is physically or sexually abusive; or
- Is emotionally or psychologically abusive; or
- Is economically abusive; or
- Is threatening; or
- Is coercive; or
- Controls or dominates another person causing fear for that person’s own safety or the safety of someone else.
In what situations can domestic violence occur?
The law in Queensland provides protection for someone if they have suffered or are suffering domestic violence in any of the following types of relationships:
- An intimate personal relationship (married, engaged, de facto or dating);
- A family relationship (children, relatives or parents);
- An informal care relationship (someone who is dependent upon another for help in activities of daily living).
I am a victim of domestic violence. What can I do to stop it?
If you have been the victim of domestic violence and you need to be protected from domestic violence you are able to make an application to the court for an order to protect you. It is important that you obtain legal advice before making an application to ensure that you have the best chance of protecting yourself from any further violence. As soon as the order is made, the person must be well behaved towards you.
My safety is at risk and I need something done urgently. What can I do?
You may be able to make an urgent application to the court for a temporary protection order if you believe your safety is at risk. If you believe your safety is at risk you should contact us immediately so that we can assist you in making an application for a temporary protection order.
Someone else has made an application for a protection order against me. What impact will that have on me and what can I do to prevent it?
As soon as you are served with an application for a domestic violence order you should contact us so that we may ensure that your interests are protected. The court will impose very strict conditions upon you and may even remove you from your home. If you do not follow the terms set down in an order the police could charge you with a criminal offence, so it is best to avoid an order being made against you at all.
If you wish to oppose an order being made you will need to go to court, provide evidence and explain why the order should not be made against you. If you contact one of our lawyers in relation to opposing an application we will be able to prepare the necessary documents and attend court on your behalf, giving you the best chance of success in opposing the orders being sought.
What if I agree to an order being made against me? Should I still see a lawyer?
If you agree with the order being made then you can consent to the order. If you are considering consenting to the order, you should still obtain legal advice before doing so to ensure that you understand what you are consenting to, and how you might be affected by the order.
An order has been made against me. Can I appeal the order or vary its conditions?
We have experience in successfully appealing and overturning domestic violence orders that have been made in various circumstances.
If an order has been made against you and you wish to vary its conditions we can also assist you in applying to the court to vary the domestic violence order.
For advice on Criminal Law and Domestic Violence matters, please call or email:
