Stopping the violence before it’s too late
Domestic Violence Applications
Get your life back and put an end to your suffering.
Are you a victim of domestic violence? You do not have to put up with being hurt. From September 2012 new laws will apply in relation to domestic violence. Our DA Family Lawyers are familiar with the changes and will be able to assist you.
If your spouse deliberately:
- Injures you
- Damages your property
- Intimidates or harasses you
- Treats you indecently without your consent
- Or threatens to do any of these things, you are a victim of domestic violence. You can get help from the law.
DA Family Lawyers in Brisbane can help you to apply to a Magistrates Court for a protection order to try to stop the violence. The court will make the order if the magistrate is convinced that there has been violence and it is likely to occur again.
Who can make a domestic violence application?
From September 2012 the law provides protection from violence for people who have been in, or are:
- An intimate personal relationship: for example, de facto, engaged, dating, married.
- An informal care relationship: this is where a person is dependent on another for help in an activity of daily living such as cooking for them or dressing them.
- A family relationship: of a child, your relatives, a parent or former parent.
- It should be noted that under The Domestic and Family Violence Protection Act 2012 doesn’t protect:
- If children under 18 are violent towards parents. This is considered within the scope of the child protection system.
What is a protection order?
A protection order tells the respondent (the person whom you are taking the order out against) that violence will not be tolerated. It lays down rules and conditions that the respondent must obey. From the day a protection order is made, the respondent must be well behaved towards you and towards anyone else named in the order.
A standard condition of a protection order prohibits the respondent from owning a weapon or holding a weapons licence. The court may also include other conditions in the order.
There are good domestic violence support groups set up to assist victims and perpetrators of domestic violence. Local Magistrates Courts also have staff available to assist you with completing a protection order application at the Court.