Domestic Violence Applications & Charges

The Domestic and Family Violence Act 2012 (QLD) provides protection for victims of domestic and family violence in Queensland and each state or territory has their own legislation. There are many similarities and differences between the law in each legislation so it is important to understand what constitutes domestic violence in the state relevant to you. When considering whether to make a Domestic Violence Order (DVO), the court looks at a few matters: Whether there is a relevant relationship; Whether there has been an act of domestic violence; and Whether it is necessary or desirable to make an order. The definition of domestic violence is very broad and encompasses physical, sexual, emotional, psychological, verbal and financial abuse. This includes behaviour that is threatening, coercive, controlling or makes the victim fear for their or someone else's safety.

Exposing children to domestic violence is also covered under the legislation. If there is a DVO in place that stops two parties from having contact then they are unable to communicate with one another to resolve any parenting or property disputes. However, the legislation provides that a legal representative is able to contact the other party even if there is a DVO in place preventing contact between them in order to resolve these disputes. The jurisdiction for DVO matters is the Magistrates Court and so applications should be lodged in the court local to the parties. Domestic Violence matters can also be heard in the District Court on appeal or some contravention charges can be heard in a higher court in certain circumstances.

If you are served with a Domestic Violence Order, you then become the 'Respondent' in that application. The application may be taken out by the police, even if the Aggrieved does not wish them to so, or the Aggrieved can take out the application themselves. It is likely that a temporary domestic violence order will be made at the beginning of the process which will remain in place until the matter is finalised. It is important that you read the conditions of the DVO very carefully because if you do not abide by those conditions then you may be subject to criminal breach charges. Your options when being served with a DVO are to contest the order (list your matter for trial) or consent without admission to the order (accept the order). It is possible to negotiate the conditions and the duration of the order depending on the circumstances of the case. The standard duration for an order is 5 years but this can be higher or lower. It is also possible to adjourn your matter (list is for another date) in order to undertake preparations (such as attending the Men's Behavioural Change Program) which may assist your final outcome. You have several options of how to proceed when you are served with a DVO and you need to make sure that you have received proper advice about what each of those options mean. Simply agreeing to an order without understanding what the ramifications are can seriously impact any proceedings in the future relating to parenting and property.