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Emma Donald is a Family Lawyer and Senior Associate at OSheaDyer Solicitors Townsville. Emma was Admitted in 2015 and works exclusively in Family Law. Emma is a Collaboratively Trained Lawyer.
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Section 8 of the Domestic and Family Violence Protection Act (QLD) sets out what domestic abuse is.
Without limiting the above, domestic violence includes the following behaviour:
A person who counsels or procures someone else to engage in behaviour that, if engaged in by the person, would be domestic violence is taken to have committed domestic violence.
To remove any doubt, it is declared that, for behaviour mentioned above that may constitute a criminal offence, a court may make an order under this Act on the basis that the behaviour is domestic violence even if the behaviour is not proved beyond a reasonable doubt.
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Coerce, a person, means compel or force a person to do, or refrain from doing, something.
Unauthorised Surveillance, of a person, means the unreasonable monitoring or tracking of the person’s movements, activities or interpersonal associations without the person’s consent, including, for example, by using technology.
Examples of surveillance by using technology:
Unlawful Stalking see the Criminal Code, section 359B.
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Coercive control is a pattern of assault, threats, intimidation, humiliation, and other abuse that ultimately erodes a person’s autonomy and ability to thrive.
Many survivors of domestic abuse describe coercive control as the most harmful aspect of their abusive relationship. Victims – who are mostly women – may be trapped in a relationship characterised by fear and manipulation for decades without any physical violence, but the torment is just as devastating.
Jess Hill’s book "See What You Made Me Do" (2019) considered the views of a range of women's safety services and survivor advocates.
The murder of Hannah Clarke and her three children (in Feb 2020) by Hannah’s estranged husband, was the first physical violence, in a long-term, abusive relationship characterised by coercive control. This case greatly influenced the move to criminalise coercive control.
The Queensland Government set up a Taskforce in March 2021 to investigate coercive control.
The taskforce, headed by the Honourable Margaret McMurdo, released a first report Hear Her Voice – Addressing coercive control and domestic and family violence in Queensland, in December 2021.
89 recommendations were made and QLD is adopting all the recommendations.
The taskforce wants the Qld Police Service (QPS) to make changes in how it responds when a woman seeks help from the Police. It is suggested that QPS build specialist expertise across its ranks, and for the government to trial and evaluate a co-responder model between police and specialist domestic violence services in a number of locations.
The report also targets the criminal justice system including the judiciary, with a recommendation for the government to consult, with a view to establish an independent judicial commission to receive and respond to complaints about judicial officers, such as lawyers and judges.
The government has also been asked to work with the Bar Association and the Law Society to ensure all lawyers in Queensland have a current understanding of the nature and impact of domestic and family violence.
One of the recommendations asks the Department of Justice to develop a plan to improve safety for victims while attending court.
Currently, in Queensland, coercive control is not specifically included in the Criminal Code. Unless a victim is injured, stalked, or property is damaged, they are not fully protected.
This is an important issue – as the reality is – a lot of domestic and family abuse involves coercive control. Studies show that a large percentage of domestic abuse homicides never involved any physical abuse – the abuse was a long pattern of coercive control.
In 2015, England and Wales introduced the offence of “controlling and coercive behaviour” under section 76 of the Serious Crime Act 2015. This Section provides:
A person commits coercive control if:
Criminalisation of Coercive Control must be accompanied by state-wide training for police, first responders and the community more broadly.
We all have a part to play.
As lawyers, we see clients regularly. We must know about this.
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Everyone’s situation is unique. It is always sensible to consult with a family lawyer to discuss your situation and obtain advice about how this process specifically applies to you.
O’Shea Dyer Townsville has experienced family lawyers who practice exclusively in Family Law.
We offer first appointments at a low fixed fee so everyone can afford to obtain advice about their situation.
Please call us on 47 725 155 to make an appointment.
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