Category: Domestic Violence

28 Feb

Domestic Violence – What is it? and Where to get help.

Domestic violence is a pervasive issue both in Queensland, and throughout Australia. It affects many individuals and families. The Queensland Government has implemented a range of measures to combat domestic violence, including the introduction of specific laws and policies designed to protect victims and hold offenders accountable. Here is an overview of what domestic violence is in Queensland: Definition of Domestic Violence In Queensland, domestic violence is defined as behavior by one person towards another person with whom they have, or have had, an intimate relationship. This behavior can include: physical abuse, emotional abuse, sexual abuse, psychological abuse, as well …

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21 Jan

Attorney General successfully appeals GBH sentence .

On Tuesday 19 January 2021, the Queensland Court of Appeal upheld an Attorney’s Appeal against a sentence of two and half years with an immediate parole release for a 26 year old man charged with Grievous Bodily Harm. In upholding the Appeal the Court has signified that even for young offenders with limited history and good prospects of rehabilitation a deterrent sentence is called for GBH charges. Justice Boddice, with whom Justices Morrison and Henry agreed, allowed the appeal and set aside the original sentence to the extent that Mr Chitty’s parole release was effectively fixed after 8 months. Sentencing …

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14 Dec

Recording of Conviction – DV

MB v Queensland Police Service [2020] QDC 325 is an interesting decision that deals with the issue of whether or not the Defendant should be allowed to adduce fresh evidence in his DV appeal. The Magistrate at first instance, recorded a conviction. On appeal, in respect of the recorded DV conviction, the Applicant sought to adduce new evidence from his employer. The DV offending was particularised as being between 27 April 2020 and 29 August 2020. The appellant was sentenced to two years’ probation and ordered to pay compensation in the sum of $611.70. Convictions were recorded on all counts. He …

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05 Jun

Domestic Violence Affecting Migration

“If you have been convicted of a violent crime against women or children, you are not welcome in Australia”   Australia’s drastic new measures to crack down on Domestic Violence.   The Australian Government has this year introduced new laws to stop domestically violent offenders from entering the country, and as well as removing visa holders with prior convictions from the country altogether.   This new law was issued in December 2018, and has come into effect on 28 February 2019.   The Minister for Immigration, Citizenship and Multicultural Affairs David Coleman has directed visa decision makers to consider the …

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19 Oct

Opening of Southport’s specialist Domestic and Family Violence Court

On 19 October 2017, the Attorney-General and Minister for Justice Yvette D’Ath officially opened Southport’s permanent specialist Domestic and Family Violence Court.  The renovations reflect the caseload of Southport’s specialist DFV court which has dealt with more than 12,000 matter since the trial began in September 2015. The renovations include: A dedicated registry counter for enquiries and filing DFV court applications; Secure entry for courtrooms Video conferencing facilities for female victims too fearful to attend court in person and witnesses. Quiet room for distressed women; Secure children’s play area, Meeting room facilities for men and their legal and support services, and Sound-proofed …

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06 Mar

DV Applications: How To Apply For A Domestic Violence Order

If you are in a domestic relationship and the subject of domestic violence you may be eligible to complete a DV application for a Domestic Violence Protection Order.  The person applying for the Order is called the Applicant.  The person being served with the application is the Respondent. The process is relatively straightforward.  Domestic Violence Legislation is aimed at protection rather than punishment. The process has been simplified to ensure that DV applications can proceed in the best interests of the parties.  The clear intention of the legislation is to act protectively. You need to attend the Registry of your nearest Magistrates …

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06 Mar

Responding to a Domestic Violence Application

DOMESTIC VIOLENCE RESPONDENT If you have been served with a Domestic Violence Protection Order Application you are referred to as the respondent.  As a Respondent you should give thought to how you want to proceed with the Application.  You may either: contest the Application; or consent to the making of an Order. If you do not appear in Court then the Magistrate can make a Domestic Violence Protection Order in your absence. This will mean that the Order is made and that the conditions being sought by the Applicant will be granted. PROTECTION ORDER CONDITIONS You should carefully consider the …

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17 Feb

Bail (Domestic Violence) and Another Act Amendment Bill 2017

On Valentines Day 2017, the Opposition Leader, Tim Nicholls introduced the Bail (Domestic Violence) and Another Act Amendment Bill 2017 into the Queensland Parliament. The Bill will see a massive change to domestic violence bail laws. The proposed Bill was prompted by the tragic death of Ms Terresa Bradford, who was killed by her estranged husband two weeks earlier.  Sadly the death was not uncommon with eighteen Queensland women dying in DV related incidents in 2016. Policy Objectives The Bill has five policy objectives: Reverse the presumption of bail for an accused charged with a relevant domestic violence offence; Create …

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15 Feb

Electronic Tracking for alleged Queensland DVO offenders

Following the January 30 death of Teresa Bradshaw, there is a call for bail conditions to include the wearing of a tracking device by alleged domestic violence offenders.  Ms Bradford was killed by her estranged husband, who was on bail for DV offences at the time of her death. The Queensland Police Minister, Mark Ryan said that he has on ‘open mind’ on the introduction of the technology.  This move has also been supported by the Queensland opposition leader, Tim Nicholls. Electronic monitoring was first considered by Dr Ralph Schwitzgebel in 1964.  The technology has since been refined and used in American Courts since 1983. It has …

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12 Feb

What to consider when contesting a Domestic Violence Application

Contesting a Domestic Violence Application under Queensland’s Domestic Violence legislation can be a daunting.  You should carefully consider the Application before you decide how to respond to it.  We provide our tips for challenging a Protection Order. Does a relevant relationship exist? Not all relationships are protected by the Domestic and Family Violence Protection Act.  For an order to be granted the Applicant must establish that the relationship is: an intimate personal relationship; a family relationship; or an informal care relationship. If the Applicant can not establish this then the Court can not grant a Protection Order. Does the application establish that Domestic …

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