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Domestic Violence

Family and Domestic Violence Advice

Domestic violence takes place in a domestic setting between individuals who have an existing relationship. The types of relationships defined in the Domestic and Family Violence Protection Act 2012 are broadly classified as:

  •  Intimate personal relationships;
  •  Family relationships; and/ or
  •  Informal care relationships.

Domestic violence takes on a number of different forms ranging from physical and emotional abuse, to exercising undue control over another individual (such as coercing financial and social restrictions) threats, unauthorised surveillance, unlawful stalking and other behaviours that can adversely affect a person’s wellbeing.

Protection Order or Domestic Violence Order (DVO)

In circumstances where there are acts of verbal or physical violence in a domestic relationship an aggrieved person is able to make an Application for a Protection Order. In some instances the Police will just make an application to protect the aggrieved spouse on behalf of the aggrieved.

A Protection Order is commonly referred to as a DVO (Domestic Violence Order). DVO’s often place a number of restrictions on the respondent some including:

  • That the respondent must be of good behaviour and must not commit domestic violence or associated domestic violence;
  • If a child of the aggrieved, or a child who usually lives with the aggrieved, is a named person in the order, that the respondent must not expose the child to domestic violence;
  • That the respondent be prohibited from approaching, or attempting to approach, the aggrieved or a named person, including stating in the order a distance within which an approach is prohibited;
  • That the respondent be prohibited from contacting, attempting to contact or asking someone else to contact the aggrieved or a named person, including, for example, if the aggrieved or named person has taken shelter at a refuge; or
  • That the respondent be prohibited from locating, attempting to locate or asking someone else to locate the aggrieved or a named person if the aggrieved’s or named person’s whereabouts are not known to the respondent.

These orders are treated seriously and any contravention may lead to criminal charges being laid with penalties varying from warnings to lengthy jail terms.

Experienced Gold Coast domestic violence and family violence lawyers

The Law Shack team have extensive experience in all areas of domestic violence law on the Gold Coast, including.

  •  Acting for the Aggrieved/Applicant:

Preparing and filing Applications, appearing upon Court Mentions, liaising with the Respondent or their legal representative, preparing and filing Affidavit material and preparing and appearing upon Final Hearings.

  •  Acting for the Respondent:

Preparing and filing Responses, appearing upon Court Mentions, liaising with the Applicant, their legal representative or the Police Prosecution Corps (whichever the situation may be), preparing and filing Affidavit material and preparing and appearing upon Final Hearings.

  •  Acting for children.
  •  Acting on behalf of persons who are charged with contravening/breaching a Temporary or Permanent Protection Order; and
  •  Acting on behalf of persons (whether the applicant or respondent) wishing to vary, withdraw or revoke a current Order.

Our experience also extends to Apprehended Domestic Violence Orders and Apprehended Personal Violence Orders in New South Wales.

When it comes to domestic violence law our Gold Coast lawyers are committed to providing the best representation and working through the sensitive issues that arise during this time.

Contravention proceedings

A contravention or breach of a Temporary or Permanent Protection Order is a serious matter and can have significant repercussions. It is important to note that all contravention charges are prosecuted by the Police Prosecution Corps and are finalised in the criminal jurisdiction of the Court. If convicted of a contravention offence, the maximum penalty that be imposed is a fine of $6,600.00 or 2 years imprisonment. A conviction may also be recoded on a person’s Criminal History. Accordingly, if you are charged with a contravention offence it is important that you obtain expert legal advice before advancing the matter before the court.

We’re here to help

Talk to our experienced domestic violence and family violence lawyers, call us on 13 20 30.

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