Domestic Violence Lawyers in Brisbane
Domestic Violence
Do you need domestic violence lawyers in Brisbane? We regularly assist clients in matters involving domestic violence, both in taking steps to protect an aggrieved party and in responding to an application against a respondent party.
In Queensland, applications for Protection Orders are heard in the Magistrates Court. Although there are certain avenues available in the Commonwealth family law jurisdiction to protect a litigant, however, it can be more expeditious to deal with such matters in the Magistrates Court.
There are a range of orders that can be sought and made to protect someone, their children, their family members, and their associates in domestic violence proceedings. In addition to the mandatory conditions (such as being of good behaviour and not committing domestic violence), an aggrieved (or the applicant) can seek specific conditions such as:
A Court may make such a protection order against a person if satisfied that:
Our domestic violence lawyers have extensive experience in representing both aggrieved parties and respondents in Protection Order matters and Court proceedings. From the outset, this can include advocating for protective measures to best promote a client’s safety (or that of their children, family, etc.), responding to allegations of domestic violence against a client, and exploring ways to resolve the issues safely and effectively.
When Protection Order proceedings are instituted, we represent clients from the first return date and each Mention in the Court, including any Reviews, up to a Trial. We work with you to explore the best evidence to put to the Court, which can include the preparation of witness statements, reports, and/or subpoenas.
The area of domestic violence is often a nerve-racking one to navigate and, for some, the circumstances are terrifying. Daykin Family Law provides clear guidance on these issues and determined advocacy where necessary.
Book an appointment with our domestic violence lawyers in Brisbane.
FAQ’s
FAQ’s
What is domestic violence?
Domestic violence refers to harmful behaviours within a domestic or family setting, often used to control, coerce, or intimidate another person. It goes beyond physical abuse and can include emotional, psychological, financial, sexual, or social abuse. In Australia, domestic violence is defined broadly under the law to protect individuals from a range of abusive behaviours, such as threats, stalking, withholding financial resources, or isolating someone from family and friends.
How much is the crisis payment for domestic violence?
In Australia, individuals experiencing family and domestic violence may be eligible for financial assistance through the Crisis Payment for Extreme Circumstances. This payment is a one-off, non-taxable amount equal to one week’s pay at the maximum basic rate of your income support payment or ABSTUDY Living Allowance. It does not include other allowances or supplements. Eligible individuals can receive up to four such payments in a 12-month period for combined extreme circumstances, including family and domestic violence.
Additionally, the Australian Government offers the Escaping Violence Payment (EVP) for individuals leaving a violent relationship. Eligible applicants can receive up to $5,000, which includes up to $1,500 in cash assistance and the remainder in goods, services, and support. This payment aims to help individuals establish a life free from violence.
How to report domestic violence
- Call the Police: If you or someone else is in immediate danger, dial 000 (triple zero) to contact emergency services. The police will intervene and provide immediate assistance.
- Local Police Station: If the situation is not urgent, you can visit your nearest police station to report the incident. Police officers can help you file a report and provide advice on safety measures and protection orders.
- National Sexual Assault, Domestic Family Violence Counselling Service (1800RESPECT): Call 1800 737 732 or visit 1800RESPECT for confidential support and guidance on how to report domestic violence. This service operates 24/7 and can connect you to local resources.
Family and Domestic Violence Support Services: Reach out to organisations such as:
- Women’s Legal Service
- Lifeline (13 11 14)
- Local community or women’s shelters
Court for Protection Orders: You can apply for a protection order (also known as an apprehended domestic violence order or family violence order, depending on your state or territory) through your local court. These orders help protect victims from further abuse.
Online Reporting Options: Some states, such as New South Wales and Queensland, allow non-urgent domestic violence incidents to be reported online via police department websites.
Things to Remember:
- Safety First: Ensure your immediate safety before attempting to report. If you need to leave the premises, do so and seek help immediately.
- Document Evidence: Keep records of any abuse, such as photographs of injuries, threatening messages, or witness statements, as these may assist in legal proceedings.
- Seek Legal Advice: A family lawyer, such as the team at Daykin Family Law, can guide you through legal protections and support options.
If you or someone you know is experiencing domestic violence, know that help is available, and taking action can save lives.
How does the process of mediation work in family law?
A Domestic Violence Order (DVO) is a legal order issued by a court to protect someone at risk of domestic violence. It prevents the abuser (respondent) from engaging in harmful behaviours toward the protected person (aggrieved).
There are two types of DVOs: Temporary Protection Orders, offering short-term protection, and Final Protection Orders, which are long-term and issued after court review. Conditions may include prohibiting contact, restricting access to certain locations, and banning harassment or intimidation.
A DVO can be applied for by police or directly through a magistrates’ court. Breaching a DVO is a criminal offence, with penalties including fines or imprisonment.
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