We have experience of appearing in many hundreds of Domestic Violence Order applications for applicants, respondents and in relation to criminal charges for breach of Domestic Violence Orders.
We provide fixed price legal fees and will beat any other quotation you receive from a law firm for your representation. Our experience includes advice on the preparation for and appearances on the contest at final hearing of a Domestic Violence Order.
We have a particular expertise in challenging Police Domestic Violence Orders and we apply the provisions of the Queensland Police Code of Practice
Accepting an DVO in our experience can create more tensions in the relationship and it is important for those that receive an application to get proper advice on the consequences; which include being deemed a prohibited person for x5 years from the date of a final order; it can also affect family law proceedings; and any on-going relationship generally.
Queensland Polices current no tolerance approach to DVOs in our view is often blind to the realities of life and relationships and when viewed objectively, the solution of heres a piece of paper you should be protected now often fails.
Our assistance can further when required include making contact with Police Members who otherwise have failed to act to either take out an order or to charge a person for breach of an order.
What is a Domestic Violence Order?
In Queensland the Domestic and Family Violence Protection Act 1989 aims to protect victims of abusive and violent behaviour. The Act is designed to protect victims who still reside with their partner (by ordering that they be of good behaviour) and for victims who seek an order which prohibits the other person from contacting the victim or going to their house or place of work (similar to a restraining order).
It is important to note that domestic violence orders do not only apply to persons who were married or lived together. They can include persons who were engaged or dated, it can include relatives through blood or marriage and also to persons such as carers.
To obtain a domestic violence order one does not need to prove that they are the victim of physical violence such as punching, hitting, slapping or choking. Domestic violence also includes:
- 1.) Wilful damage to the other persons property such as breaking possessions, punching holes in walls or hurting pets;
- 2.) Intimidation or harassment where the other person is stalked or repeatedly telephoned;
- 3.) Indecent behaviour towards the other person such as forcing them to engage in sexual activity.
It is common practice by most people in the court system to advise a recipient of an Application for an Order to simply agree or consent to an Order being imposed. This practice will not always be the best approach as the consequences of having an Order imposed, as will be explained further within this website, can lead to criminal charges for any breach of the Intervention Order and/or secondary effects on a persons ability to maintain contact with their children and family, or hold certain licences to carry a firearm/weapon, work in security and government roles, and/or apply for new employment roles the subject of criminal record checks.
In addition, if an Application for an Order is made in the context of Family Law proceedings or other Civil proceedings its mere existence will generally adversely affect the person upon which it is imposed interests.
This order does not prevent the respondent from seeking to make or change arrangements for the child/ren named in this order to live with, spend time with or communicate with him/her. Such arrangements (including arrangements for the handover of the child/ren) must be in accordance with the parenting plan. These arrangements can be negotiated through lawyers.