Domestic Violence Law

If an ex-partner has taken out a Domestic Violence Order (DVO) against you, it can have serious consequences in terms of access to your kids, or your job.

As such, you are doing the right thing and you should take steps to get legal help, sooner rather than later.

You are not alone, almost 20 per cent of all cases appearing in Queensland Magistrates Courts relate to DVOs.

http://statements.qld.gov.au/Statement/2017/5/31/new-domestic-and-family-violence-laws-now-in-effect

Indeed in 2017-18, in Townsville alone, local Magistrates Courts heard 1,833 applications for a DVO.

And across Queensland people were almost as likely to have to front court over a DVO as they were an assault charge.

That said, while DVOs are common they can have serious consequences, up to one third of people who have a DVO taken out against them end up in jail over a breach.

So, getting prompt and professional legal advice from one of our expert team of Townsville Domestic Violence Order lawyers is essential.

Get in touch to have a free talk with one of our lawyers now.

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Domestic Violence Orders and Family Law cases

Most cases involving a DVO also involve a family law matter – usually a divorce or a separation and often there are children involved.

In a lot of cases if a DVO is successfully taken out against one of the parties in a family law dispute, the courts will restrict the other person’s access to their children.

This is because under Queensland law the courts must take into account whether ensuring a person can see their kids could increase the risk of violence – between the two people breaking up.

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s78.html

However, if a person is about to lose access to their children, as a result of a DVO, the same laws also state that person must be given a: “reasonable opportunity to present evidence and to prepare and make submissions.”

Additionally, in Australian family law the courts generally start at the point of trying to work out a way for parents to have shared access to their children, but, one factor which can change this and mean just one parent gets access, is a history of domestic violence.

 So, if there is a DVO in place, the court can recognise that there has been a history of domestic or family violence which can negate the presumption of equal parental responsibility and the starting point that the child lives with both parents on an equal basis.

This means it is essential to make submissions in your favour when a DVO is taken out against you.

This is something best done by a well-trained, professional lawyer with experience in this area and if this is the situation you are facing you should get in touch with our expert team of Townsville Domestic Violence Order lawyers.

Get in touch to have a free talk with one of our lawyers now.

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Ensuring Your Side of the Story is Heard

Experience tells us very few things happen in isolation and some cases of domestic violence involve two people being violent – not just one.

If this is your case, Queensland law does enable you to have your side of the story heard – at the same time as the allegations against you go before the Magistrate.

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s41c.html

This is called making a cross application and it is very important one of these is made on your behalf, if you are in fact the victim not the perpetrator.

Cross applications are important, especially if a DVO is being applied for when there are also family law proceedings.

However, this is something that is best done by an experienced member of our expert team of Townsville Domestic Violence Order lawyers.

Get in touch to have a free talk with one of our lawyers now.

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Domestic Violence Orders and Your Employment

If your job means you need to use a firearm then having a DVO taken out against you can impact your ability to work.

This is because under the Queensland laws which govern DVOs a court must ask whether a person has access to a weapon as part of their employment.

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s80.html

Further if it is established the person needs to have access to a firearm for their work – for example, if you are a serving member in the Australian Defence Force or a member of the Queensland Police Service, then it is likely their duties will be varied – or they will be unable to work.

The consequences can be even worse for people who work in security.

However, you do have the right to object to any such order and there are often very reasonable grounds to do so.

This is something best done by one of our expert team of Townsville Domestic Violence Order lawyers and if you’re facing this situation you should get in contact.

Get in touch to have a free talk with one of our lawyers now.

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I’ve Been Charged with Breaching a DVO: How Likely is Jail?

Data from the Australian Bureau of Statistics shows in 2016-17 10,276 Queenslanders faced court over a breach of a domestic violence order.

http://www.abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4513.02016-17?OpenDocument

Of those 9,456 were either found to be guilty or pleaded guilty, 93 were acquitted and 744 saw the charges they were facing dropped.

https://www.courts.qld.gov.au/court-users/researchers-and-public/stats 

In the same year, data gathered by the Queensland Courts shows, there were 32,072 applications for domestic violence orders.

These numbers suggest that about one third of cases where there is an application for a DVO will then be followed b charges over breach.

It is not rare to encounter a case where a person is in jail over a DVO breach and often this is because they have not had proper representation.

Figures published in the media suggest about one in four people who face court over breaching a DVO end up in jail.

https://www.qt.com.au/news/just-25-of-thugs-who-breach-dvos-go-to-jail/3120658/

If you have been charged with this offence you should make contact with one of our expert team of Townsville Domestic Violence Order lawyers.

Get in touch to have a free talk with one of our lawyers now.

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Penalties for Breaching Domestic Violence Orders

Breaching a DVO may mean you end up with a criminal record.

It is a criminal offence to breach a DVO under section 177 of the Domestic and Family Violence Protection Act.

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/dafvpa2012379/s177.html

If it is a person’s first offence the maximum penalty is a fine of $16,026 or three jail.

The maximum penalty if it is a second offence is a fine of $31,332 of five years jail.

It is not uncommon for people to be incarcerated over a breach of a DVO, if this is your situation you need representation from one of our expert team of Townsville Domestic Violence Order lawyers.

Get in touch to have a free talk with one of our lawyers now.