Domestic Violence + Abuse

Have you experienced domestic violence or abuse? Our experienced Family Lawyers can help you and your family feel safe again. Call OSheaDyer Solicitors today to speak with an experienced Family Lawyer about your situation. We protect you.

If you are in a hostile or abusive domestic relationship, it may not only affect your safety, but also your capacity to negotiate your family law issues. For example: care arrangements for your children, financial settlements, and making the decision to go to Court when no agreement can be reached, are affected when there is domestic abuse. Our experienced Family Lawyers can provide you with options that are relevant to your specific situation. We will always work with you to achieve the best and safest outcome for you and your family. 

What is Domestic and Family Violence?

What is Domestic and Family Violence?

Domestic and Family Violence can occur in any family. It happens, regardless of cultural background, socio-economic factors, age, or religion. Each state and territory has its own domestic violence legislation. In Queensland, domestic violence behaviour includes when another person you’re in a relationship with:

• is physically or sexually abusive to you
• is emotionally or psychologically abusive to you
• is economically abusive to you
• is threatening to you
• is coercive, or
• controls or dominates you, causing you to fear for your safety or wellbeing or that of someone else.

You do not have to have been physically injured to have experienced domestic violence.

Exposure to Family Violence: Children

Family violence affects the entire family, whether it is directed towards family members or not. Children’s exposure to family violence can take many forms, including:

• Being subjected to deliberate or accidental violence
• Overhearing violence
• Intervening on behalf of a parent or other person, and
• Experiencing the aftermath of violence, such as being cared for by a distressed or withdrawn parent
• Helping to care for a hurt or distressed parent
• Seeing injuries and/or property damage
• Helping clean up mess or damage
• Going to the doctor or hospital with an injured parent
• Being present when police or emergency services attend, and/or
• Being asked to not tell anyone about the event.

How can we help?

If you and your family have been subjected to domestic violence or abuse, you do not have to face legal proceedings alone. Our Family Lawyers are highly experienced in domestic abuse legislation. We can assist you with:

• Filing or responding to a Domestic Violence Order (DVO):
• Applying to make a Domestic Violence Order against someone
• Opposing an application for a Domestic Violence Order made against you
• Consenting to an order being made without admission
• Appealing or varying a Domestic Violence Order made against you

• Urgent Application for DVOs and Protection Orders

• Negotiations between parties mentioned in a Domestic Violence Order
• Legal representation in Court.

What is a Domestic Violence Application and Who Can Apply?

A Domestic Violence application offers protection by restricting the behaviour of the abuser. The person who files a Domestic Violence application is known as the aggrieved, while the person the order is filed against is called the respondent.

In Queensland, anyone who is in a relevant relationship and who believes they have experienced domestic violence as it is defined in the Domestic and Family Violence Act 2012 may apply for a Domestic Violence Order.

To issue a Domestic Violence Order, the Court must be satisfied that:

• The aggrieved and the respondent have a relationship that is relevant to the application
• The respondent has subjected the aggrieved to domestic violence
• The DVO is necessary in order to protect the aggrieved from further acts of violence and abuse.

When applying for a DVO, the aggrieved will be provided with a Court date (this is usually referred to as ‘the mention’ date). The police will then inform the respondent of the Domestic Violence application that has been made against them. If both the aggrieved and the respondent appear at the court mention date and agree to the conditions set out in the application, the court can go ahead and issue the Domestic Violence Order.

If the respondent does not agree to the order or fails to attend the mention, the Court may grant a temporary protection order. In some cases, a DVO may be granted in the respondent’s absence. If beyond the temporary order the aggrieved still disputes the application, then the court will set a final hearing date. At the final hearing (about 3-12 months after the temporary order date) the aggrieved and the respondent are permitted to present evidence in support of their case.

An order has been made against me

If you have been served with an application for a Domestic Violence Order, this may affect your ability to negotiate care arrangements for your children or possibly even property settlement matters. It is important that you contact a lawyer to ensure your interests are protected.

We can give you advice about your options regarding any allegations or Application for a Protection Order against you, Varying a Protection Order, and especially how any allegations, Application or Order may affect you both now and in the long term.

If you find yourself in this situation, our Family Lawyers can give you advice about your options.

If you wish to oppose a Protection Order being made against you, you will need to go to Court and provide evidence as to why this order should not be made against you. Our family lawyers can prepare the necessary documents and attend court on your behalf, providing you with the best chance of success. 

Contact OSheaDyer solicitors today.