Domestic Violence

Domestic Abuse - Domestic Violence - Separation

Unfortunately, domestic abuse occurs too often.  Domestic violence doesn't discriminate. It affects families from all walks of life. 

If you are thinking about making the courageous decision to leave an abusive relationship and need advice on how to do so safely - or if you have already separated - our experienced family lawyers can help you and your family feel safe again. 

We offer first appointments for a low fixed fee of $330.

This is a confidential appointment with an experienced family lawyer to figure out your next steps.

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Understandably, people who have been in an abusive relationship may feel compromised when trying to negotiate family law issues.  Having a compassionate and knowledgeable lawyer to represent you is extremely beneficial.

Our experienced family lawyers can:

• advise and represent you to obtain urgent court orders for your safety
• advocate for appropriate care arrangements for the children
• represent you to obtain an appropriate property settlement
• represent you at mediation and in Court.

We work with a range of professionals including counsellors, psychologists, psychiatrists, family law barristers, valuers and accountants - to achieve the best and safest outcome for you and your family. 

Fees and Prices

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 be physically injured to have experienced domestic violence.

If you need confidential legal advice, call us. We'd love to help you.

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How are Children affected by Family Violence?

Family violence affects the entire family, whether it is directed towards all 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

If you need to discuss this with an experienced family lawyer, please contact us.

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Legal Assistance for Domestic Violence

If you and your family have been subjected to domestic violence or abuse, you don't have to face legal proceedings alone. Our lawyers are extremely knowledgeable of domestic abuse/domestic violence legislation.

We can assist 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.

Fees and Prices  Articles and Information

Client Library - FAQs

We have many free resources on our website and we regularly update our online client library with useful information. For answers to frequently asked questions about separation and divorce, feel free to have a look at our family law resources page.

Family Law FAQs and Free Resources

Domestic Violence Applications. Who Can Apply?

A domestic violence application offers protection by restricting the behavior 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 defined in the Domestic and Family Violence Act 2012 may apply for a Domestic Violence Order (DVO).

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 (DVO).

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.

Articles and Information  Contact us with your Questions

Assistance for the Respondent to a Domestic Violence Application.

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 ideal that you have a lawyer represent you, to ensure your interests are protected.

We provide advice about your options regarding allegations or applications protection orders against you; or for varying a protection order. We also advise how allegations, applications or orders may affect you now and for the long term.

If you wish to oppose a protection order being made against you, you will need to attend court and provide evidence as to why the order/s should not be made against you. Our family lawyers can advise you of the best course of action, prepare necessary documents and represent you in court.

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O'Shea Dyer - Family Lawyers Townsville, Queensland and Interstate.

At O'Shea Dyer Solicitors we can assist you with all issues arising from your separation. Make an appointment to see our experienced family lawyers sooner rather than later and let us put your mind at ease. Take the first step towards feeling in control again. We would love to help you.

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