Brooke Winter Solicitors
Sunshine Coast domestic violence orders
Are you facing a legal issue? Looking for experienced Sunshine Coast domestic lawyers? Brooke Winter Solicitors can help. We understand what you’re up against and will guide you through this challenging time.
Call our Sunshine Coast team at: 07 5554 6622
Domestic violence is a prevalent yet deeply troubling issue. It encompasses a range of behaviours, including physical, emotional, and economic abuse. If you are going through this type of situation in your relationship, you may have the option to seek a Domestic Violence Order.
A member of our Sunshine Coast domestic violence lawyer team can help you:
- make your application,
- prepare your affidavits,
- legally advise you throughout the process,
- and represent you in court
Going through domestic violence can be a challenging and distressing time. This is why it’s so important to have support during this period, especially from a lawyer who specialises in domestic violence cases.
We can help to alleviate some of the stress and uncertainty you may be experiencing and provide you with guidance on your legal options. If you are seeking assistance, please consider reaching out to us for a phone consultation.
Are you a victim of domestic Violence?
A temporary order, also known as a Domestic Violence Order (DVO) in Queensland, Australia, is put in place by a magistrate who has heard an application for protection and deemed it necessary.
The order comes into effect once the respondent has been served with the order by a member of the Queensland Police Service if they were not present in court when the order was made. The benefit of a temporary order is that it can be changed as the situation changes, with the order being reconsidered whenever the parties are back in court.
A temporary DVO can include any terms that would typically be included in a final protection order, such as prohibitions from approaching someone’s home or workplace, contacting them, or posting things on the internet, among other conditions.
If you have been served with a temporary DVO, it is important to immediately seek legal advice from a solicitor to understand the terms and conditions of the order. It is important to note that a breach of any term of the order is considered a criminal offence.
If served with a domestic violence order
It is very important to thoroughly read and understand the order that has been served upon you, as well as the supporting application if you have been served with a domestic violence order. Whether or not you agree with the application, it is crucial to make a well-informed decision as it may have an impact on you in the future, particularly if there are Family Law proceedings already in place or about to commence.
It is essential to strictly comply with the order once it has been served. You will be notified of the court date for your matter, and it is important to attend as failure to do so may result in an order being made in your absence.
When you are in court, you can either agree to a final order with or without admissions, or you can contest the order. If you decide to agree, the order will likely be made that day. If you choose to contest, your case will be adjourned to another day for the hearing of evidence.
At Brooke Winter Solicitors, we understand that this is a very serious situation, and we can help you to protect your interests by representing you in court. Our experienced Sunshine Coast domestic violence lawyer will work with you to understand your options and help you to achieve the best possible outcome for your situation.
What laws are relevant to your situation on the Sunshine Coast?
In Queensland, the primary laws that pertain to domestic violence are the Domestic and Family Violence Protection Act 2012 and the Criminal Code Act 1899.
The Domestic and Family Violence Protection Act 2012 provides for the issuance of Domestic Violence Orders (DVOs), which are court orders that prohibit certain behaviours by a person who has engaged in domestic violence. The act also includes provisions for the protection and support of victims of domestic violence and their children, such as emergency accommodation, counselling and other services.
The Criminal Code Act 1899, which is the primary criminal legislation in Queensland, contains criminal offences related to domestic violence, such as assault, stalking, and intimidation. This act also provides the legal framework for police to make an arrest and charge a person with an offence of domestic violence.
It’s important to note that any person experiencing domestic violence or who have been served with DVO should immediately seek legal advice to understand their rights and the legal procedures in place in Queensland. Please contact us to get started.
Domestic Violence Information
1. What is domestic and family violence?
2. What is a Domestic Violence Order?
3. How to apply for a protection order
4. What happens in court?
5. What if I’m served?
6. Understanding the conditions on a Domestic Violence Order
Criminal Law
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