Domestic Violence Law
If an ex-partner has taken out a Domestic Violence Order (DVO) against you, it can have serious consequences in terms of access to your kids or your job.
As such, you are doing the right thing and you should take steps to get legal help, sooner rather than later.
You are not alone; almost 20 percent of all cases appearing in Queensland Magistrates Courts relate to DVOs.
http://statements.qld.gov.au/Statement/2017/5/31/new-domestic-and-family-violence-laws-now-in-effect
In 2017-18, in Townsville alone, local Magistrates Courts heard 1,833 applications for a DVO.
Across Queensland, people were almost as likely to have to attend court over a DVO as they would for an assault charge.
That said, while DVOs are common, they can have serious consequences. Up to one third of people who have a DVO taken out against them end up in jail over a breach.
Strategic Lawyers are law experts. We know how much it can change lives for people, families, and companies. We are here for you, offering clear, neat, and organised help for your legal problems to always keep you in the lead. Getting prompt and professional legal advice from one of our expert team of Townsville Domestic Violence Order lawyers is essential.
Get in touch to have a free talk with one of our family lawyers now.
https://strategiclawyers.com.au/contact/
Domestic Violence Orders and Family Law cases
In most cases involving a DVO, a family law firm is often engaged to address the family law issue, usually a divorce or a separation, which typically involves complex family relationships and parenting arrangements. This can be a stressful time, particularly when children are involved.
In a lot of cases, if a DVO is successfully taken out against one of the parties in a family law dispute, the courts will restrict the other person’s access to their children. This is a significant aspect of domestic violence applications and violence order application processes.
This is because under Queensland law, the courts must take into account whether ensuring a person can see their kids could increase the risk of violence between the two people breaking up.
http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s78.html
However, if a person is about to lose access to their children as a result of a DVO, the same laws also state that person must be given a “reasonable opportunity to present evidence and to prepare and make submissions.”
Understanding Domestic Violence: More Than Just Physical Harm
In Australia, domestic violence is a big problem that affects many people. It’s not just hitting or hurting someone physically. There’s also emotional abuse and financial abuse, and even kids might see these behaviours, which can harm them too. At Strategic Lawyers, we fully understand the many forms of domestic violence offences. We have specialised family violence services for those affected by emotional abuse in domestic relationships.
Home-based violence is a serious concern in many Australian communities. It’s not just physical harm. Different types of harm, like emotional abuse to economic abuse and exposure of children to such harmful situations, are all part of it. Our family violence service team is dedicated to giving help to people in these types of domestic relationships.
A Comprehensive Guide to Your Rights
Legal stuff can be daunting, especially personal stuff. Our handy practical guide helps with all sorts of home violence issues. From police protection notices to domestic settings, we shed light on it all. We help you with laws that are easy to understand and provide great legal service at every step.
A Proactive Action Plan for Domestic Concerns
At Strategic Lawyers, we don’t just react; we plan. We craft each action plan carefully to handle home issues of all types. From acts of family violence to domestic partner problems, we tackle it all. We understand that each problem is different, so our strategies fit your needs.
Safeguarding Australian Communities
The fabric of Australian communities is woven with diverse threads, each representing different challenges and concerns. One of our primary focuses is to combat the rising incidence of violence, ensuring that every individual, especially the anonymous person who might be hesitant to come forward, feels safe and protected.
Change isn’t easy. Our firm, Strategic Lawyers, knows this. We are ready to help our clients navigate it. We work with behaviour change programs to help people who face unacceptable behaviour patterns and ensure they have the resources and support to transform their futures. This helps give these individuals the tools they need to change. We focus on fixing issues; we aim to prevent future behaviour issues. We’re being proactive to stop future trouble before it happens.
In Australian family law, the courts generally start by trying to work out a way for parents to have shared access to their children by developing a parenting plan. However, one factor that can change this and mean just one parent gets access is a history of domestic violence.
So, if there is a DVO in place, the court can recognise that there has been a history of domestic or family violence, which can negate the presumption of equal parental responsibility and the starting point that the child lives with both parents on an equal basis.
This means it is essential to make submissions in your favour when a DVO is taken out against you. This is something best done by experienced solicitors at a well-trained, professional family law firm with expertise in dispute resolution, domestic violence orders, and parenting arrangements.
If this is the situation you are facing, you should get in touch with our expert team of Townsville Domestic Violence lawyers, who are experienced in handling such cases. Get in touch to have a free talk with one of our experienced solicitors now.
Ensuring Your Side of the Story is Heard
Experience tells us very few things happen in isolation and some cases of domestic violence involve two people being violent, not just one.
If this is your case, Queensland law does enable you to have your side of the story heard—at the same time as the allegations against you go before the Magistrate.
http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s41c.html
This is called making a cross application and it is very important that one of these be made on your behalf if you are in fact the aggrieved person and not the perpetrator.
Cross applications are important, especially if a DVO is being sought when there are also family law proceedings.
However, this is something that is best done by an experienced member of our expert team of domestic violence lawyers in Townsville.
Get in touch to have a free talk with one of our lawyers now.
https://strategiclawyers.com.au/contact/
Consistently Voted in the
Best 3 Domestic Violence Lawyers in Townsville
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 that govern DVOs, a court must ask whether a person has access to a weapon as part of their employment.
http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s80.html
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 Townsville Domestic Violence lawyers, so 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.
https://strategiclawyers.com.au/contact/
Addressing Abusive Behaviour
With us at Strategic Lawyers, we understand that abusive behaviour isn’t just about the individual; it concerns everyone in society. Our team is all for finding solutions that don’t just deal with what’s right in front of us but also look at what’s causing the problem. With therapy, legal advice, and reaching out to communities, we aim to build a place where everybody feels respected and safe.
Navigating Criminal Charges with Expertise
Dealing with criminal charges may be a daunting experience. Our group of seasoned lawyers is adept at navigating the intricacies of the legal device, making sure that our clients acquire fair representation. We consider upholding the standards of justice, ensuring that each voice is heard and every proper is included.
In situations wherein on-the-spot protection is a person, temporary protection becomes paramount. We assist our clients in securing protection orders, ensuring they and their loved ones are protected from capacity damage. Our quick decision making ability helps us to work and perform well for our client’s well-being.
Tackling Domestic Violence Incidents Head-On
The rise in domestic violence incidents in Townsville is alarming. At Strategic Lawyers, we are not just observers; we are active contributors in the fight in opposition to home violence. Through representation, community packages, and partnerships with partner companies, we aim to lessen these incidents and guide those affected.
Recognising the rising incidence of violence, our team is ready to handle child abuse offences and offer guidance on safety from abuse.
Empowering Through Knowledge and Services
Information is power, and our suite of legal services is designed to empower our clients. From information on the intricacies of personal violence to the broader implications of the rise of violence in Townsville, we make certain that our customers are well-informed and ready to make excellent selections.
Our dedication to justice is unwavering, and with improved powers, we’re better positioned than ever to recommend to our customers. Whether or not it is navigating the complexities of violence court services or offering guidance on domestic Abuse subjects, our better capabilities ensure that our clients get hold of top-tier legal support.
Protecting the Vulnerable: A Focus on Women and Children
The domestic violence rate is alarming, with violence against women and exposure of children to such environments being the most dangerous situation. Our team is devoted to offering advice to women and ensuring the safety of children. Our technique is holistic, considering the economic abuse and meaningful relationship dynamics that often play a position in such instances.
Prioritising the Safety of the Vulnerable
The facts surrounding domestic violence rates, in particular violence against women and the risk of exposure for children, are deeply regarding. Our dedicated team also gives advice to women and also emphasises the paramount significance of safety for children. We are acutely aware of the particular demanding situations confronting Indigenous women and people emerging from family-like relationships marked by way of violence. Our holistic strategy considers all sides, from economic abuse to the dynamics of meaningful relationships.
I’ve Been Charged with Breaching a DVO: How Likely is Jail?
Data from the Australian Bureau of Statistics shows that in 2016-17 10,276 Queenslanders faced court over a breach of a domestic violence order.
http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4513.02016-17?OpenDocument
Of those, 9,456 were either found guilty or pleaded guilty; 93 were acquitted and 744 saw the charges they were facing dropped.
https://www.courts.qld.gov.au/court-users/researchers-and-public/stats
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 by charges for 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 that about one in four people who face court over breaching a DVO end up in jail.
https://www.qt.com.au/news/just-25-of-thugs-who-breach-dvos-go-to-jail/3120658/
If you have been charged with this offence you should make contact with one of our expert DVO lawyers in Townsville.
Get in touch to have a free talk with one of our lawyers now.
https://strategiclawyers.com.au/contact/
Penalties for Breaching Domestic Violence Orders
Breaching a DVO may result in you ending 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.
http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s177.html
If it is a person’s first offence, the maximum penalty is a fine of $16,026 or three years in jail.
The maximum penalty if it is a second offence is a fine of $31,332 or five years in 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 best domestic violence lawyers.
Get in touch to have a free talk with one of our divorce lawyers now.
A few Reasons Why We are One of
Townsville’s Most Effective Law Firms
Are you dealing with challenges associated with home violence or in need of professional advice or recommendations on related matters? Our team stands geared up to guide, aid, and champion your purpose. Each person is entitled to personal rights, and as Strategic legal professionals, we are unwavering in our dedication to upholding them. Don’t forget that every man or woman has non-public rights, and at Strategic Lawyers, we are here to uphold them.
Our offer is simple. We’ll ensure you know what’s going on. We’ll advise you on your best interests and we’ll never give up on your cause.
This means together we’ll reach the best outcome possible. Our people live in this community and we’ve been here a good while.
As such we know how important it is not only that you leave here satisfied but that you’ll recommend us. Call us now at 13 14 LAW and speak to a lawyer about your case.
FAQs
If you’re facing domestic violence, your safety is paramount. Our experienced lawyers at Strategic Lawyers can assist you in obtaining a restraining order and provide the support you need during this challenging time.
If you’re at risk, it’s essential to seek legal advice promptly. A Temporary Protection Order can offer immediate protection and our experienced lawyers can guide you through the application process.
If you’re accused of domestic violence, you have the right to legal representation and a fair trial. You also have the right to challenge any protection orders or charges against you. Our team at Strategic Lawyers can provide guidance and ensure your rights are upheld throughout the legal process.
Yes, charges can be dismissed or dropped based on various factors, such as lack of evidence or if the victim decides not to press charges.
Courts prioritise children’s safety. Any history of domestic violence can significantly influence custody decisions, limiting or supervising access to the child.
Evidence can include physical signs like injuries, damaged property, testimonies from witnesses, or expert assessments.
To safeguard against domestic violence, obtain a Protection Order, document all incidents and establish a safety plan. Engage with local support services and consider temporary relocation. For legal guidance, consult professionals like our team at Strategic Lawyers..
If served with an order, it’s essential to understand its terms. Contacting a legal professional, like our team at Strategic Lawyers, can provide clarity and guidance on the next steps.
Yes, you can challenge or appeal the conditions of a domestic violence order. It’s crucial to understand the legal procedures and having expert representation, like our team at Strategic Lawyers, can be instrumental in this process.
You can engage with local support services, inform the court of any concerns and consider seeking additional protection measures if necessary.
A few Reasons Why We are one of
Townsville's Most Effective Law Firms
We believe you are here for a reason. And that reason is to ensure you get the best legal help possible, at the best possible price.
Here at Strategic Lawyers Townsville we’re experts in striking good bargains, but the most important bargain for us, is the one we strike with our clients.
Our offer is simple. We’ll ensure you know what’s going on. We’ll advise you on your best interests and we’ll never give up on your cause.
This means together we’ll reach the best outcome possible. Our people live in this community and we’ve been here a good while.
As such we know how important it is not only that you leave here satisfied but that you’ll recommend us. Call us now on 13 14 LAW and speak to a lawyer about your case.
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