Cairns Divorce Lawyers | Family Lawyers

Domestic Violence

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What is domestic or family violence?

The Domestic and Family Violence Protection Act 2012 (QLD) defines domestic violence as behaviour by a person towards another person with whom the first person is in a relevant relationship with that:

  • is physically or sexually abusive; or
  • is emotionally or psychologically abusive; or
  • is economically abusive; or
  • is threatening; or
  • is coercive; or
  • in another way controls or dominates the second person to fear for the second person's safety or wellbeing or that of someone else. 

If you are currently experiencing domestic violence and are in fear of your life or someone elses, do not hesitate and call the police on 000.

Our family lawyers in Cairns will listen to your situation and provide the steps on how to make you and your family feel safe again. 

Obtaining a Domestic Violence Order

A Domestic Violence Order (DVO) is an official document issued by the court to stop acts of domestic violets, including threats. Like with most court orders, a DVO sets out the rules that the respondent (the person committing the crime) must obey, and is designed to keep the victim safe. There are two types of DVO's.

Protection Order

Most protection orders last for five years, however, the order can be made for a shorter period or be extended if the court feels appropriate. 

Temporary Protection Order

If you urgently need protection, the police can apply fora temporary protection order which in most cases will be considered early by a magistrate. A temporary protection order is similar to a protection order, but it's only for a short period of time to protect those in danger up until a magistrate can decide the application for the full protection order.

A DVO will not appear on a person's criminal history. However, disobeying or breaching a DVO is a criminal offence and will show on a person's criminal history. 

How Can A DVO Protect Me?

Every DVO has a standard condition stating that the respondent must be of good behaviour and not commit domestic violence against the aggrieved or any other person named on the order, including children, relatives or friends, if they are at risk of violence. The rules set out in a DVO will differ depending on the situation, but examples include:

  • approaching the aggrieved at home or work
  • staying in a home they both currently share or previously shared, even if the house is owned or rented in the respondent's name
  • approaching relatives or friends
  • going to a child's school or daycare centre. 

If you need domestic violence legal advice, speak to a family lawyer at Cairns Divorce Lawyers today. 

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