Family Law and Divorce. Central Queensland.
Protection orders and family violence
Family violence is harmful behavior that is used to control, threaten, force or dominate a family member through fear. This can be by a person or a person formerly in an intimate personal relationship, or a family relationship or an informal care relationship.
Within Queensland, this includes behaviour by a person towards another person whom is in the relevant relationship, which is physically or sexually abusive, or is emotionally or psychologically abusive, or is economically abusive, or is threatening, or is coercive, or in any other way that control shall dominate another person and cause that person to fear for his/her own safety or well-being or that of someone else.
Domestic violence also includes the following specific behaviours:
causing personal injury to a person or threatening to do so
coercing a person to engage in sexual activity or attempting to do so
damaging a person's property or threatening to do so;depriving a person of the person's liberty or threatening to do so
threatening a person with the death or injury of the person, a child of the person, or someone else
threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed
causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person
unauthorised surveillance of a person
unlawfully stalking a person.
All people, including children, have the right to live free from threatened and actual physical, emotional and economic abuse. Witnessing violence between parents can be damaging for children, and it may be important that steps are taken to minimise the risk of this sort of harm.If you are a victim of family and domestic violence and would like to know about your family law rights and entitlements contact us to get legal advice specific to your family circumstances.
What Are Protection Orders?
A protection order is a legal tool to deal with situations of family violence. If you are a victim of family and domestic violence and you fear for your own safety or the safety of your children, we can advise you on obtaining a protection order application for your safety and wellbeing and on the implication of protection order in relation to parenting arrangements after domestic violence and separation.
We can also act on your behalf in Court if you need to defend the making of a protection order against you, should this be necessary. There are also options for defending a DVO. Some protection orders can endeavour to impose unfair or highly damaging conditions on the subject of the order, and it may be possible to advocate for fairer orders in order to help uphold the integrity of the system, in this instance.
Domestic Violence and Parenting Matters
If a domestic violence order (DVO) is made a copy of the DVO must be given to the family law court if there are current parenting proceedings. For more information on parenting matters click here.