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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.

Contact Us

Read About Us in the Media

170 Five Star Reviews and counting

Avery, 2023

I can’t thank Strategic Lawyers Townsville and the team enough for all of their help throughout the case. Their knowledge and professionalism are outstanding. Despite our delays, they worked extra hours on their own time to get things done. I felt they truly wanted the best outcome for us, which we achieved. Thanks for not just meeting our expectations but exceeding them too!

Avery, 2023

Daniel, 2023

After reading the Strategic lawyers bio, I was confident that I had found the team to represent me.
I found the initial consult just as they had described.
From the very comforting, warm welcome I received in reception, right up until the exchange of money at the end of the session, my enthusiasm only grew stronger with each exchange.
Justin is a very caring and transparent human-being, who took the time to listen to the intricacies of my case and give sound advice on the way through this.
Win or lose, I am confident that the team supporting me will fight for the best possible outcome.

Daniel, 2023

Reese, 2023

I couldn’t have asked for a better result or service from a local lawyer. Strategic Lawyers Townsville was extremely professional and helpful in assisting me with my legal issues. They went above and beyond to represent me and negotiate with all parties to ensure the best result for me and my partner. I would definitely recommend these guys to anyone in the area!

Reese, 2023

Marilyn, 2023

Our first appointment left us in no doubt that we had chosen the right lawyer. Justin listened to our problems, gave us options on what to do next and an estimate of the costs involved. He was courteous, knowledgeable and engaged. The girls on reception were very helpful and cheerful too. A very positive experience for us in difficult times.

Marilyn, 2023

Kerwin, 2023

Outstanding customer service and attention to detail. I could very well strongly recommend the team at Strategic Lawyers Townsville for any legal situation, knowing they have a large support network with top-tier lawyers at their disposal. Without a doubt, I will use them again in the future and will not hesitate to recommend them.

Kerwin, 2023

Amelia, 2023

My experience with Strategic was far better than expected. They were always knowledgeable, credible, professional, empathic, and organized. I am grateful they were on my team in an unfortunate period of my life. I was able to secure an excellent outcome.

Amelia, 2023

Renee, 2023

I’d like to thank Strategic Lawyers Townsville for handling my car accident claim in such a professional manner. The team stayed in touch throughout and provided emotional support when I felt overwhelmed by the process. This was a very stressful time in my life, and they always made sure I understood everything and kept me up to date on the status of my claim. I have no hesitation in recommending them.

Renee, 2023

Lucas, 2023

Strategic Lawyers Townsville handles all of my property-related legal needs. They cover the entire property cycle, no matter how large or small or complex it is. The team provides excellent service and is responsive, diligent, and reasonably priced. When it comes to property and development, the firm is the best in the business… highly recommended!

Lucas, 2023

Jules, 2023

Strategic Lawyers Townsville assisted me in a stressful family law matter. They were very well organized, everything went smoothly and it came at a reasonable cost. I was happy with the service and will definitely use them again

Jules, 2023

Zoey, 2023

Strategic Lawyers was a pleasure to work with! Service that is both quick and reasonably priced. We needed a quick turnaround on some documents, and they were responsive in communication and follow-up. Thank you team 🙂

Zoey, 2023

Oakley, 2023

If you are looking for a criminal justice lawyer, I would strongly recommend Strategic Lawyers in Townsville. They managed to outperform my expectations by producing a better result than I could have imagined, all while remaining friendly, kind, respectful, and professional. Thank you very much.

Oakley, 2023

Abigail, 2023

I hired the Strategic Lawyers Townsville team to represent me in court on a traffic matter I was disputing. The Solicitor’s professionalism was second to none. He acquired the best possible outcome in court. Made all the time and effort worth it.

Abigail, 2023

Lisa, 2023

I only use Strategic Lawyers Townsville for all of my commercial leases and property portfolio needs. By far the most professional and conscientious law firm I’ve ever worked with. Highly recommended for any commercial law needs.

Lisa, 2023

Ryan, 2023

Had my first interaction with Justin Ireland in regards to my legal matter. There was no showboating about their previous cases or how many they have won which was impressive, in stead he announced his position and who was working with him and proceeded to lay down how my matter would be handled. People are often turned off by costs but when put into prospective the time and people involved, their prices are quite competitive. I have confidence I have made the the right decision by choosing Strategic Lawyers

Ryan, 2023

Neo, 2023

The firm was able to provide me with the detailed advice that I needed in relation to a very unusual issue involving the plan of subdivision on a small owners corporation. Strategic Lawyers is highly recommended! 5 Stars

Neo, 2023

Giana, 2023

Strategic Lawyers Townsville is highly recommended for all of your legal needs. Look no further for the best in the industry. They were the best legal counsel for my partner’s ongoing court case. They came along and did what they do best, and we won. Thanks for everything you’ve done!

Giana, 2023

Cahya, 2023

We were so satisfied with Strategic Lawyers that we used them again for a title issue on our property as well as conveyancing work when the property was sold. Support this local law firm, they know their stuff!

Cahya, 2023

Blake, 2023

I’ve been dealing with Strategic Lawyers Townsville, and so far I’m very pleased with the approach, clarity, and speed with which they handle things. I had been looking for a family and business lawyer in the area for quite some time, and I believe I have finally found what I was looking for!

Blake, 2023

Val Waszkiewicz, 2018

I think the fix fee is brilliant. No nasty surprises at payment time. The staff are friendly and very helpful and speak in a language that you can understand clearly. I would recommend their services to anyone

Val Waszkiewicz, 2018

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