- 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
VM Family Law lawyers are experienced in representing clients for domestic violence matters at final hearings or briefing a Barrister, depending on your requirements. You are offered this choice in an attempt to minimise your legal costs. Should you require assistance such as safe accommodation and counselling, VM Family Law work closely with a number of external organisations and we would be happy to provide details. VM Family Law is also able to offer fixed fee services, should this be a preferable option to you. Our expert domestic violence lawyers can assist you through this tough time.
In QLD, domestic violence is recognised as one person using violent or abusive behaviour to control another person in a relationship. This can include:
- Physical violence
- Property damage
- Sexual abuse
- Verbal abuse
- Intimidation or harassment
- Financial abuse, or
- Threatening to do any of the above.
Qld Laws About Domestic Violence
The “Domestic and Family Violence Protection Act 2012 (Qld)” is the law that prevents domestic violence in Queensland. The Act has three main objectives:
- Maximising the safety and wellbeing of people 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.
- 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.
In Queensland, domestic violence applications are made to the Magistrates Court. Child protection proceedings can also be heard in the Children’s Court if it is believed a child needs protection from domestic violence.
However, the Family Court can make a family violence order. This is like a protection order, but it allows parties to come in contact for reasons like family counselling or delivering/collecting children.
How to Protect Yourself Against Domestic Violence
- Order of protection
- Personal protection order
- Restraining order
- Protective restraining order
In Queensland, you can make an application for a domestic violence order yourself. Or you can ask the police to apply for you.
It is best to get legal advice before filing an order of protection. A lawyer can help you to understand the process and consequences of making an application for a domestic violence order in Qld.
- Prepare your application online; or
- Apply at the Magistrate’s Court using an “Application for a protection order” form.
Alternatively, you can get a police officer, lawyer or trusted person to apply for you.
It is best to get legal advice before filing for a domestic violence restraining order.
Once you have applied for a personal protection order, you will receive your first court date. You must attend this court date. On the day, you can either represent yourself or hire a lawyer to represent you. Alternatively, if the police apply for a restraining order for you, the police prosecutor will make the application in court.
The first court appearance you make will be for a ‘mention’. The magistrate might ask both parties some questions about the application. If both parties agree (or if the respondent doesn’t appear), the court may make a domestic violence protection order then.
If both parties don’t agree, the court may set a date for a ‘hearing’. At the hearing, the court will ask you or your representative to provide any evidence you might have. Then it decides whether to make a domestic violence order.
If you are at risk of immediate harm, you should call the police. You can get an emergency protective order by speaking to a police officer or court registry staff.
Once you have made an application for an emergency protection order, you will go to the courtroom shortly after, before the respondent is informed.
The police can also issue a police protection notice, which protects you straight away until the matter is heard in court.
Defending Against or Changing a Domestic Violence Order
- People named
If you make an application to vary a domestic violence order, the magistrate will only make changes if they are satisfied that the aggrieved will not be negatively affected.
Support and Legal Assistance
It is best to at least speak to a lawyer who specialises in domestic violence applications, before seeking a personal protection order. They can help you to file the application and appear on your behalf in court to address the magistrate. The lawyer can also help you to change the order of protection if you wish to in the future.
If you have a matter before the Family Court, your divorce lawyer or family law attorney might be able to seek a domestic violence order as part of your ongoing proceedings.
At VM Family Law, we are highly experienced and primarily focused on domestic violence and family violence matters. Please feel free to contact us at any time for a welcome chat about your concerns.
If you are experiencing domestic violence, it is important to remember that you are not alone. There are many friends, family, community members and organizations that want to support you in overcoming domestic violence. In an emergency, you should call the police.
At VM Family Law, we specialise in domestic violence and family violence matters around the Brisbane area. We’re here to help support you in overcoming domestic violence and relationship breakdowns.
Choosing the lawyer that is right for you can be difficult in the midst of domestic violence. At VM Family Law, we try to take a casual but highly experienced approach towards your domestic violence matter. We want you to feel comfortable but reassured that your legal interests are being handled with the utmost professionalism.
If you are in the Brisbane area and interested in chatting with lawyers who primarily focus on domestic violence, please reach out.