Domestic Violence

Domestic Violence Lawyers

Stop the Violence

Domestic Violence Legislation is designed to provide safety and protection to a person in a domestic relationship.

Because the Act is protective in nature, it provides Courts with wide ranging powers based upon mere allegation at a preliminary stage.

The Court has the power to grant urgent temporary orders, in the absence of the Respondent. Temporary Protection orders may contain an ouster clause, prohibiting you from returning to the family home.

They can prohibit contact direct or indirect with the aggrieved spouse and named persons, including children. In addition the Court can prohibit a person from approaching a particular place or from travelling to a location.

While there is capacity to consent to an order without making admissions you need to consider whether such consent is workable in the long run. You should contact Gatenby Criminal Lawyers for advice before you consent. It is important you appreciate the nature and obligations that an Order may impose.

Once the Order is made, it is a Court Order and attracts a maximum penalty of twelve months imprisonment if breached. Michael Gatenby is able to apply for Bail if you are charged with the offence of breach of Domestic Violence Order. We can also provide advice regarding possible defences and discuss your options.

Responding to a Domestic Violence Application

Gatenby Criminal Lawyers regularly appear in the Domestic Violence jurisdiction and are able to assist you if you are the subject of domestic violence or if you have been accused of committing an act of domestic violence. Michael Gatenby can also help you if your circumstances have changed and you need to vary or revoke an Order.

If you are being prosecuted for a breach of Domestic Violence Order you should seek professional advice from Gatenby Criminal Lawyers. See our posts Responding to a DV Application and Contesting a DVO.

Legislation

In Queensland the Domestic and Family Violence Protection Act 1989 establishes the legislative framework for matters concerning domestic violence.

The main purpose of this act is to provide for the safety and protection of a person in the case of domestic violence committed by someone in a domestic relationship which includes, an intimate personal relationship, a family relationship or an informal care relationship.

Duration of Protection Orders

Currently, a court may order that a protection order continues for a period of two (2) years. However if the court is satisfied that there are special reasons for doing so, the court may order that a protection order continues for a period longer than 2 years.

Temporary Protection Orders

The Court may make a Temporary Protection Order, or vary a Domestic Violence Order if it appears to the Court that the Aggrieved or Named Person is in danger, or their property is in danger of substantial damage. In some instances the Court will make a Temporary Protection Order even when the Respondent has not been served with an Application.

What is the offence?

Little man holds a red Question MarkA Respondent who contravenes a Protection Order, Temporary Protection Order or any other Order made under the Domestic and Family Violence Protection Act 1989, including a condition imposed by the Order commits an offence.

What is the penalty?

Golden balanceMaximum penalty- 40 penalty units of 12 months imprisonment

If the offender-

has previously been convicted on at least 2 different occasions of an offence against the Act and at least 2 of those offences were committed not earlier than 3 years before the present offence was committed 2 years imprisonment;

What does the court take into account in sentencing?

JudgeThere are a number of factors that the court will take into account when determining the appropriate penalty. These include:

  • The reason for your offending.
  • Your previous criminal and domestic violence history.
  • Your personal circumstances.
  • Any other circumstances the Court considers relevant.

Frequently asked questions.

FAQ Q. Do the Courts consider contravening a Domestic Violence Order as a serious offence?
A. In 2015 the Government conducted a serious of inquiries into Domestic Violence an established a specialist Domestic Violence Court at Southport Magistrates Court. The Court will often look at imposing sentences that include a probation order with a special condition that the offender attend a Domestic Violence Course.

The Courts will also look at imposing sentences of imprisonment for offences that include actual violence or repeat episodes of threatening violence.

Appointment

ReceptionistPhone our friendly receptionist to book an initial FREE ½ hour appointment with one of our Domestic Violence lawyers in Coomera to discuss your options before you go to Court.

Call us now on (07) 55800 120