On 1 August 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 came into effect resulting in the following major changes to the Domestic and Family Violence Protection Act 2012 (“the Act”): Cross-applications If there are cross applications in the same court, the court must hear …
Amendments to Domestic and Family Violence Protection Act 2012 Read More »
The Domestic and Family Violence Protection Act 2012 (Qld) (“the Act”) is the legislation that governs domestic violence proceedings in Queensland. When filing an application for a protection order, you must indicate whether you seek a temporary protection order in addition to a final protection order. The test that the court must be satisfied to …
How to apply for temporary and final protection orders Read More »
If you are considering issuing a subpoena for the production of documents directed to the Queensland Police Service, you may find the following information helpful to include in the schedule to the subpoena: 1. Any audio tapes and/or videotapes; 2. Police referrals to any hospitals (including suspected child abuse or neglect teams – …
Subpoena for the production of documents to the Queensland Police Service Read More »
Working in family law, particularly domestic violence can sometimes involve working with aggressive and threatening clients or opposing parties. Clients who did not receive the result they hoped for or the opposing party who has taken a dislike to you because you are acting against them, may exert threatening behavior toward you and/or your family …
Criteria that must be met for a protection order to be made? Pursuant to Section 37 of the Domestic and Family Violence Protection Act 2012 (“the Act”) a court may make a protection order if the court is satisfied that: A relevant relationship exists between the aggrieved and the respondent; The respondent has committed domestic …
Does the Magistrates Court have the power to grant a permanent stay of proceedings due to an abuse of process? In a recent appeal to a decision made by the Southport Magistrates Court, the District Court of Queensland discussed whether Magistrates Courts have the power to stay applications made under the Domestic and Family Violence …
Domestic Violence: Stay of proceedings for abuse of process Read More »
As a result of people needing to remain in their homes during the COVID-19 pandemic, there has been a significant increase in the number of reported domestic violence situations. It is a very scary and stressful time for many people who cannot readily escape their situation due to limited finances or no access to a …
Free Uber rides for people experiencing domestic and family violence Read More »
Amidst the sea of government-issued rules and restrictions our country is facing today in a concerted effort to stem the spread of the deadly COVID-19 virus, there is another silent and significant danger faced by many Australians as a direct result of these rules. Domestic and family violence. What are the current restrictions? We are …
COVID-19 – Implications for Victims of Domestic Violence Read More »
Domestic violence is a common theme, encountered by Family Lawyers. It has been brought into the more public sphere by the incidents that occurred in Camp Hill last week. It is interesting to understand how breaches of domestic and family violence orders are dealt with in the Queensland Courts with a decision made last week. …
‘Domestic violence’ is a term we hear frequently and one that we may quickly associate with the violent crimes we sadly see all too frequently on the news, where women have been murdered by their partners or ex-boyfriends. Those are indeed the most serious cases of domestic violence however, the definition ‘domestic violence’ provides for …
What is domestic violence, and what can I do if I am experiencing it? Read More »
