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:
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.
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:
These orders are treated seriously and any contravention may lead to criminal charges being laid with penalties varying from warnings to lengthy jail terms.
The Law Shack team have extensive experience in all areas of domestic violence law on the Gold Coast, including.
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.
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.
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.
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.
Talk to our experienced domestic violence and family violence lawyers, call us on 13 20 30.