Domestic Violence Lawyers
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 a 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.
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.
Phone our friendly receptionist to book an initial FREE ½ hour appointment with one of our Domestic Violence lawyers in Coomera or Southport to discuss your options before you go to Court. Call us now on (07) 5580 0120