Domestic Violence Lawyers Cairns People Can Trust
Are you looking for domestic violence lawyers in Cairns? We are highly experienced in all areas of domestic violence law in Queensland and are committed to client safety and welfare.
Experiencing domestic violence is one of the most harrowing and frightening things that can happen to a person. If you’ve been a victim of domestic violence, then Strategic Lawyers can help you get the protection and safety that you need.
Sadly, domestic violence is more common than you may think. According to Government statistics, 2.2 million Australians have experienced physical and/or sexual violence from a current or former partner and 3.6 million Australians have suffered emotional abuse from a partner.
Are you a victim of domestic violence?
Regardless of age, sexuality, religion, and cultural background, domestic violence can take place in any family. In Queensland, Domestic Violence includes
- Physical Abuse
- Emotional Abuse
- Damage to Property
- Economic Abuse
- Threatening behaviour
Under Queensland law, you can apply for protection from violence if you have formerly been in, or are currently in
- An intimate personal relationship – such as dating, engaged, de facto, or married
- A family relationship – of a child, your parents, your relatives
- An informal relationship – for instance where a person is dependent on a carer who dresses or cooks for them on a daily basis
If you are concerned about your safety, our domestic violence lawyers in Cairns can help you apply for a protection order. There are two types of order –
Personal Protection Order (PPO) – This is an order that the Court issues, detailing conditions that the respondent must abide by. For instance, it can instruct the respondent to stay away from your home or place of work and prohibits them from causing you harassment or intimidation or behaving in a threatening manner towards you. It may be granted for a period of up to 12 months.
If the situation is urgent, a temporary domestic violence order may be granted at a Magistrates Court on the same day that the application is lodged.
A court will grant a PPO once it has studied all the evidence and is certain that there has been violence, and that in every probability it is likely to happen again.
Domestic Violence Order (DVO) – This order strengthens protections for victims and their families and can be enforced for a period of up to 2 years.
We understand that this is a difficult and emotional time, but you don’t have to face legal proceedings alone.
We’re here to support and assist you and will help you apply to a Magistrates Court for a protection order to keep you and your family safe.
We will be with you throughout each stage of the process – preparing and filing applications, representing you at Court hearings, liaising with the respondent or their lawyer, collecting affidavit material and filing it, and preparing and appearing at a final hearing.
If you’re a victim of domestic violence then contact Strategic Lawyers today for support and assistance.
Our Domestic Violence Lawyers in Cairns will help you respond to an application for protection
What happens if someone tries to apply for a DVO against you?
Protection orders can place severe limitations on a respondent’s liberty and have serious consequences in terms of their job and access to their kids.
If a DVO has been taken out against you, there is an opportunity to object and ask that the matter be adjourned for a trial at a later date. In this instance, you’ll be issued with an interim DVO until the trial date.
If you’ve been served with a DVO then it’s extremely important that you seek legal advice as quickly as possible so that your rights are explained and protected wherever possible.
Strategic domestic violence lawyers in Cairns can guide you through the process, prepare a comprehensive brief, and represent you in court to defend the allegations.
Contact us today for a full consultation regarding your DVO.
Have you been accused of breaching a Domestic Violence Order?
You should be aware that this is a criminal matter and could result in you ending up with a criminal record. Breaching a DVO can result in a penalty ranging from a fine to being locked up in jail.
Just because you’ve been charged with breaching a DVO, it doesn’t mean that you’re guilty. You need an experienced criminal lawyer who can assess your options, prepare your defence, and reduce your penalty as much as possible.
Our experienced lawyers provide advice and legal support to people looking to defend charges for breaches of DVOs.
Get in touch with Strategic Lawyers today for legal advice regarding all types of domestic violence.
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Best 3 Domestic Violence Lawyers in North Queensland
Domestic Violence Orders and Your Employment
If your job means you need to use a firearm then having a DVO taken out against you can impact your ability to work.
This is because under the Queensland laws which govern DVOs a court must ask whether a person has access to a weapon as part of their employment.
Further if it is established the person needs to have access to a firearm for their work – for example, if you are a serving member in the Australian Defence Force or a member of the Queensland Police Service, then it is likely their duties will be varied – or they will be unable to work.
The consequences can be even worse for people who work in security.
However, you do have the right to object to any such order and there are often very reasonable grounds to do so.
This is something best done by one of our expert team of Cairns Domestic Violence Order lawyers and if you’re facing this situation you should get in contact.
Get in touch to have a free talk with one of our lawyers now.
I’ve Been Charged with Breaching a DVO: How Likely is Jail?
Data from the Australian Bureau of Statistics shows in 2016-17 10,276 Queenslanders faced court over a breach of a domestic violence order.
Of those 9,456 were either found to be guilty or pleaded guilty, 93 were acquitted and 744 saw the charges they were facing dropped.
In the same year, data gathered by the Queensland Courts shows, there were 32,072 applications for domestic violence orders.
These numbers suggest that about one third of cases where there is an application for a DVO will then be followed b charges over breach.
It is not rare to encounter a case where a person is in jail over a DVO breach and often this is because they have not had proper representation.
Figures published in the media suggest about one in four people who face court over breaching a DVO end up in jail.
If you have been charged with this offence you should make contact with one of our expert team of Cairns Domestic Violence Order lawyers.
Get in touch to have a free talk with one of our lawyers now.
Penalties for Breaching Domestic Violence Orders
Breaching a DVO may mean you end up with a criminal record.
It is a criminal offence to breach a DVO under section 177 of the Domestic and Family Violence Protection Act.
If it is a person’s first offence the maximum penalty is a fine of $16,026 or three jail.
The maximum penalty if it is a second offence is a fine of $31,332 of five years jail.
It is not uncommon for people to be incarcerated over a breach of a DVO, if this is your situation you need representation from one of our expert team of Cairns Domestic Violence Order lawyers.
Get in touch to have a free talk with one of our lawyers now.
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