Domestic and family violence is a big deal
The Queensland Government and the courts take it very seriously, and the law has recently changed to reflect this commitment.
Trying to represent yourself is fraught with danger
Court is nothing like what you see on TV. It’s not an easy process to navigate without professional legal advice. If you expect to walk into court on your first appearance and be heard, you’ll be disappointed. Engaging a DV dedicated lawyer is the only way to ensure the best possible outcome. If you don’t, your options may be severely limited.
DV isn’t just physical violence
So even if you haven’t been accused of physically harming the aggrieved, you can still be found guilty of domestic violence. You may have heard of coercive control and financial control? They’re considered forms of domestic violence also. It can be considered an act of domestic violence to simply have an argument with someone.
Even a temporary order can dictate how you live your life
You may be banned from returning to your home. What once was a “normal” way to live your life could immediately become criminal.
Breaching an order – temporary or final – is a criminal offence
While domestic violence is heard in a civil court, if you breach an order you could end up in prison. And it’s easy to breach an order if you don’t take it seriously. A shocking fact – in 2012, there were 9,000 breaches noted against current orders. In 2023, this number increased to 61,000! Yes, the QPS takes breaches to current orders very seriously, as does the court.
The Domestic and Family Violence Act is unapologetically there to protect women and children
The Queensland Police Service and the court will always err on the side of caution, so don’t expect the process to be quick or “fair”. You have the burden of proving your innocence.
Once the Queensland Police Service issues a Police Protection Notice (PPN), the aggrieved may not be able to influence the process or the outcome
Even if your partner or ex-partner wants the order to be dropped (or revoked), it’s out of their hands. The QPS has the final say on the order and the process, no matter what the aggrieved says or does. You can’t just revoke it.
A final order will follow you and dictate how you live your life for up to five years.
The order can be extended, you can be breached (a criminal offence), and how you live your life everyday will be dictated by the order. It’s important to note that the QPS and the Magistrates Court must always consider your DV history when you are in court for a DV proceeding.
An order can keep you from your kids!
The court will always be cautious. Even a temporary order could mean you have to stay away from your kids, their home, their school events. You may not even be able to call them or send them a happy birthday message without breaching an order.
There are only two ways forward once the legal process starts
You can either consent to an order without admissions (which has its own dangers) or go to trial to prove your innocence and avoid a permanent order. Don’t expect the court to drop the order just because you have evidence – there’s a process that needs to be followed.
An order – temporary or permanent – can significantly impact your career
If you need a blue card for your job, it’s imperative to get legal advice as your blue card could be revoked. Best to check the terms of your employment contract too, as there are often clauses about your behaviour and conduct that could be utilised by your employer to terminate your employment should an order be issued.
If you need a weapons licence, it will immediately be revoked for five years
And even after five years, you might not get it back! If you need a weapons licence for work, this could cause a real problem.
Orders are enforceable in all Australian states and territories, as well as New Zealand
There’s no outrunning an order!
An order could significantly impact your ongoing family law and parenting arrangements
Don’t underestimate the importance of seeking advice from a legal practitioner who understands family law as well as domestic violence law. Not getting it right now – at the beginning of the process – could result in you not being able to see your children for a significant period of time.
Varying an order
at any stage – isn’t easy, especially without legal representation.
The entire process is confidential. In fact, it’s a closed court process
It is an offence to publish or communicate certain information about the proceedings. You may be liable for criminal prosecution if you share the details with anyone.
