Your Trusted DV Lawyers In Brisbane
At VM Family Law, we are your expert domestic violence lawyers in the Brisbane area. We understand the unique challenges and complexities that come with these types of cases, and we are here to help you through every step of the legal process. We will fight for your rights and ensure that you receive the best possible outcome in your case. Book a consultation with our domestic violence lawyers in Brisbane today.
We have a wealth of experience in representing clients for domestic violence matters, whether it be final hearings or briefing a barrister. We understand that costs can add up quickly, so we offer fixed-fee services as an attempt to minimise your legal fees.
Should you require assistance with safe accommodation and counselling, VM Family Law works closely with external organisations who we would be happy to put you in touch with.
Getting through this tough time is difficult enough – let our expert Brisbane domestic violence lawyers assist you every step of the way.
Contact us to talk to our friendly, welcoming team, and to start this process online.
- Preparation and filing of an Application for a Protection Order
- Preparation and filing of an Application to Vary a Protection Order
- Representation at court appearances, including any necessary negotiations with the other party
- Detailed letter of advice
- Preparation and filing of any Affidavits required for a final hearing
- Representation at a final hearing, either by VM Family Law or Barrister
We Can Help You With Domestic Violence In Court In Brisbane
With VM Family Law, you don’t have to go through your domestic violence case alone. We will be with you every step of the way.
We have specialist experience in helping our clients deal with domestic violence cases in court. We understand that this is a difficult time for you, and we will do everything we can to support you.
If you’re in Brisbane and need domestic violence lawyers, please contact us today.
Our Brisbane Domestic Violence Lawyers' Services
Our Brisbane domestic violence services go beyond providing legal advice or representation. As experienced domestic violence lawyers, we know the difficulty and stress that many people face when dealing with this issue. We work with many domestic violence support services on a regular basis and can provide additional assistance such as secure housing or mental health services.
Get Domestic Violence Support In Brisbane
Domestic violence is a very serious offence in Queensland, and we can provide you with support during these hard times. It is an issue that goes to the core of family life, and can affect you physically and psychologically.
This is why anyone facing domestic abuse must seek out support without delay, and at VM Family Law, our domestic violence lawyers Brisbane team welcome you to contact us so we can help you.
Some Questions We Receive Regularly in Regards to Domestic Violence in Brisbane
Domestic violence is defined in Brisbane as one person using violent or abusive behaviour to dominate another person in a relationship. This might include:
- Physical violence
- Property damage
- Sexual abuse
- Verbal abuse
- Intimidation or harassment
- Financial abuse, or
- Threatening to do any of the above.
Yes, domestic violence does include verbal abuse. Examples of verbal abuse include humiliation, insults, threats and demands.
Domestic violence is recognised under Queensland law and Queensland Courts as a variety of relationships, including marital, intimate-personal, familial, and informal care partnerships.
The “Domestic and Family Violence Protection Act 2012 (Qld)” aime to prevent domestic violence in Queensland in three primary ways:
- Maximising the safety and wellbeing of those who fear or experience domestic violence;
- Preventing and reducing domestic violence and children’s exposure to domestic violence;
- To hold people who commit domestic violence accountable.
The law surrounding domestic violence in Brisbane states that victims need to be protected. It also states that offenders must be prosecuted. The Qld Domestic Violence Act 2012 achieves this through:
- Allowing courts to make domestic violence orders to protect victims;
- Giving police particular powers to respond to domestic violence;
- Making offenders liable for an offence when they contravene a domestic violence order or police protection notice.
You may report domestic abuse at any time during or after the incident. There is no limit to when you may report domestic abuse in Queensland. However, reporting as soon as possible is preferable for your own safety and well-being.
In Queensland, applications for domestic violence are filed with the Magistrates Court. If it is decided that a child requires protection from domestic abuse, child protection matters can be assigned to the Children’s Court.
However, a family violence order may be made by the Family Court. This is similar to a protection order, but it allows relatives to communicate for purposes such as family counselling or childcare.
A domestic violence protection order is a judicial order issued by a court in Queensland. A person who is violent is prohibited from behaving in certain ways. The domestic violence order states that the violent individual must respect you and your children. It can also prevent the other person from approaching, contacting, or finding you
The phrase “domestic abuse order” is used in many contexts. Many of the terms imply the same thing, although not all of them. The official term in Queensland is “protection order,” but it may also be referred to as:
- Order of protection
- Personal protection order
- Restraining order
- Protective restraining order
Applying for a domestic violence order in Brisbane can be done by either you or the police, though it is recommended that you get legal advice beforehand.
A lawyer will help understand what the process entails and what repercussions there may be to filing an application for a domestic violence order.
- Prepare your application online; or
- Apply at the Magistrate’s Court using an “Application for a protection order” form.
Alternatively, you may hire a police officer, lawyer, or another competent individual to apply on your behalf.
You will receive your first hearing date after you submit an application for a personal protection order. This is a legal requirement. You must appear at this hearing. You have the option of presenting yourself or hiring a lawyer to do so. If you are being subjected to police violence, the police prosecutor will file an application for a restraining order in court on your behalf.
The first time you go to court, it will be for a hearing called a ‘mention’. The magistrate might ask both parties questions about the case. If everyone is in agreement (or if the respondent isn’t there), the court may make a domestic violence protection order right there and then.
If both parties disagree, the court will set a date for a hearing. At this time, the court will ask for any evidence from you or your representative. The decision on whether to make a domestic violence order is based on the information gathered.
The typical domestic violence protection order lasts for five years, but this is at the court’s discretion. The length of the restraining order may be modified to be shorter or longer based on what would be most effective.
If you are in immediate danger, please call the police. By talking to either a police officer or court registry staff member, you can get an emergency protective order.
After applying for an emergency protection order, you will go to court very soon after–before the respondent is even aware.
Alternatively, the police can also issue a police protection notice which takes effect immediately and protects you until the matter is heard in court.
If you need a protective order immediately (for example, in an emergency situation), a temporary protection order can be made. A temporary protection order is shorter than a court order and lasts until the date that a magistrate decides on an application for full protection.
The National Domestic Violence Order (DVO) Scheme was put in place on 25 November 2017. After this date, all personal protection orders originating in Australia are automatically recognised and enforced throughout the country.
You may wish to resist a protection order if someone has made an application against you. It is critical to follow any temporary orders and consult a lawyer if you want to challenge them. Tell the court that you do not agree with the order during the ‘mention’ date, and a ‘hearing’ will be scheduled afterwards. On the ‘hearing’ day, you must provide proof that a domestic violence order should not be issued against you.
If you want to change a condition, the people included, or the length of time on a domestic violence protection order, either the aggrieved person or respondent can apply for variation. The magistrate will only agree to changes if they are certain that it won’t negatively affect the aggrieved person.
A domestic violence order may be reversed if the magistrate is satisfied that the victim will not suffer any harm as a result of it.
A hearing date may be scheduled during the course of a restraining order application. If the magistrate is convinced that there is no evidence or cause for issuing a domestic violence order, the request may be dismissed.
If you are the subject of a domestic violence order, you may be required to attend court-mandated therapy. Court-ordered counselling is intended to lower the chance of repeat abuse.
The question isn’t if you should hire a domestic violence lawyer, but when. Before seeking a personal protection order, always consult with a lawyer who specialises in this particular field to get the best results for your case. They can help you file an application and appear on your behalf during court proceedings. If you need to modify the order of protection in the future, they will again be able to assist you.
If you disagree with an application for a protection order that has been filed against you, it is in your best interest to hire a defence lawyer specialising in domestic violence cases. By doing so, you increase the chance of convincing the magistrate hearing your case that there is not enough evidence or justification to issue a domestic violence order against you.
Your divorce lawyer or family law solicitor may be able to obtain a domestic violence order as part of your ongoing case if you have an issue before the Family Court. We are highly qualified and primarily concerned with domestic violence and family violence matters at VM Family Law. Please do not hesitate to contact us at any time for a no-obligation consultation about your concerns.
If you’re experiencing domestic violence, know that you are not alone. There are many people who care about you and want to help you overcome this difficult time. In an emergency, always call the police.
At VM Family Law, we understand how tough domestic violence can be. We specialise in helping those affected by family violence in the Brisbane area. We’re here to support you through this challenging time so that you can rebuild your life free from fear and abuse.
Choosing the best lawyer for you may be difficult when you’re experiencing domestic violence. We attempt to take a laid-back yet highly experienced approach to your domestic violence case at VM Family Law. We want you to feel at ease while still knowing that your legal needs are being addressed with the utmost care. If you live in Brisbane and would like to talk with attorneys who specialise in domestic abuse, please get in touch and contact us.