Domestic Violence Lawyers Townsville
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Criminal Lawyers For Domestic Violence Defence
What is Domestic Violence?
The Domestic and Family Violence Protection Act 2012 defines domestic violence as violent behaviour by a person (the defendant) towards another when they have a domestic or family relationship. The relevant relationships are those between intimate personal partners, relatives and informal care relationships.
How the Act Defines Intimate Personal Relationships?
These relationships are between married couples, de facto couples and individuals who are engaged. It includes both current and former partners.
Relatives are defined as people who are, or have been, connected to a person by blood or marriage. This includes parents, grandparents, in-laws, step parents, siblings, aunts, uncles, nephews and cousins.
The Act provides protection to those experiencing domestic and family violence by allowing individuals to apply for a Protection Order, referred to as a Domestic Violence Order (DVO).
What Happens After An Individual Applies For A Domestic Violence Order (DVO)?
If A Respondent Defends The Application For A DVO, The Matter Will Proceed To A Hearing
At the hearing, the court must accept that it is more likely than not that the aggrieved person is being truthful and needs an order for their protection. Both parties and any witnesses give evidence on oath. Children, aged 12 years-and-over, may be able to give evidence with the leave of the court.
The proceedings take place in a closed court which means that members of the public cannot attend the hearing except with leave of the court and details which might identify any of the parties to the hearing cannot be published.
Breaching A Domestic Violence Order
A domestic violence order can be made on application by a victim of domestic violence or the Queensland Police Service so long as a domestic relationship exists between the parties.
Domestic violence orders can be either temporary or a final order for a period of 5 years. Persons subject to Domestic and Family Violence protection orders cannot hold firearms licenses during the operation of the order.
Domestic violence orders can contain a range of conditions that require parties to be of good behaviour and not commit acts of domestic violence. They can also prohibit persons subject to the order from contacting specific people or places.
A breach of a Domestic Violence Order whilst technically an offence against the person is actually an offence against the State. If you breach a condition of the order, you can be charged with a criminal offence of breaching the order.
Sometimes conduct that is ordinarily lawful such as calling someone on the phone, can become a criminal offence if the Domestic Violence order prohibits it. If it is alleged that you have also committed an offence against the person such as an assault, you may find yourself facing an assault charge and a charge of breaching the order arising out of the same incident.
Breaching domestic violence orders are serious. They are simple offences and are not under the provisions of the Criminal Code. The courts regularly impose periods of imprisonment for breaching Domestic and Family Violence Protection Orders.
Domestic Violence Examples
Physical abuse
includes threatening or injuring another party, denying them nutrition, warmth, sleep or medical care.
Verbal abuse
includes name-calling, threatening and harassing phone calls or by saying inappropriate things.
Psychological abuse
includes intimidation, undermining someone’s sense of self or disconnecting phones.
Social abuse
includes preventing another party from getting in touch with friends and family, forcing someone to stay in the house or controlling where they can travel.
Sexual abuse
includes pressure to having sex, rape, forcing unwanted sexual acts or unwanted sexual humiliation.
Stalking
includes constant phone calls, following a person or sending excessive emails, texts and letters.
Technological abuse
includes sharing unwanted personal information online or using tracking devices to spy on another party.
How Does a Domestic Violence Order Application Begin?
The process starts with DVO application made by either the victim or on their behalf by police or family member. The court might decide to issue a temporary order until the final decision is made.
You have the right to challenge this application by asking for a hearing. In the case of an order being made, the defendant can appeal the decision. It is also possible to apply to modify the order.
It is also possible that you may be charged with a DVO breach. That might happen without intent, which is why you should look for expert legal advice.
How Can Our Domestic Violence Lawyers at ATL Help?
Anderson Telford Lawyers strongly recommends that you be represented in these sometimes complex and emotional situations. Call the Crime Line 0418 762 728 to engage our professional team.
