Domestic Violence

Q. How do I apply for a domestic violence order?

 

A domestic violence order can be obtained in a number of ways. Firstly, in certain circumstances the police can, and are required to apply for one. Secondly, we can act for you and apply for one. Thirdly, you can apply in person at your local Magistrates Court. You can contact us and we can file your application for you and represent you in Court.

Q. What kind of Domestic Violence Orders can the Court make?

 

Orders can include that the person who has committed domestic violence against you:

    • Does not commit any further acts of domestic violence;
    • Is prevented from remaining or entering into your work place or where you are living;
    • Not contact you or ask someone else to contact you either directly or indirectly;
    • Return your personal property;
    • Vacate the premises where you live or used to live;
    • Be prevented from approaching you or ordering that they keep a certain distance from you;
    • Has any weapons licence, which may be held by them, revoked.
Q. What do I do if an application for a domestic violence order has been served on me?

 

You should contact us to get full and proper legal advice about what your options are. You must ensure that you attend Court on the day stated in the application or have obtained legal representation so that someone can appear on your behalf at the hearing. If you are not present at Court (on the day in the application papers) or there is nobody there on your behalf and the matter proceeds to be heard, the Court may make a decision to make the Orders final, in your absence.

Q. How long does a domestic violence order last?

 

When the Magistrate makes a final protection order, they decide how long the order will last for. The order will not last longer than two years unless there are special reasons.

Q. Can my family and friends be protected by a domestic violence order?

 

Yes. If another person injures, damages the property of, intimidates, harasses or threatens to do any of those things to your relatives, friends or workmates, those people can be listed in the domestic violence order application and be protected.

Q. What type of behavior is classified as domestic violence?

 

Domestic violence can include the following behaviour:
When another person:

    • Injures or threatens to injure you;
    • Damages or threatens to damage your property or your pet;
    • Uses words or actions to intimidate or harass you;
    • Harasses you;
    • Behaves indecently towards you without your consent;
    • Gets someone else to injure, intimidate, harass or threaten you or damage your property.
positive outcome lawyers
 

TESTIMONIAL

“If I ever hear of anyone in the SE Qld area who needs family law assistance, I won’t hesitate to recommend you…”

 

– ANONYMOUS – GOLD COAST