The cold, hard facts about DV in Queensland …
Did you know that even a simple argument can be classified as domestic violence? The consequences of breaching an order can be severe, leading to criminal charges and impacting your life for years.
Cross-Applications in Domestic Violence Proceedings
Navigating the complexities of Domestic Violence Orders (DVOs) can be daunting, especially when considering a Cross Application. While it may seem like a viable option for respondents, it’s crucial to understand the potential implications and how the Court may perceive your actions.
Queensland police officers have powers to assist them in responding to domestic violence
Queensland police officers are equipped with essential powers to effectively respond to domestic violence incidents, ensuring the safety of all involved. With the ability to issue police protection notices on-site, they streamline the process, allowing for immediate action rather than waiting for court proceedings.
Voluntary Intervention Orders
The Court can now make a seperate order requiring a respondent to attend either an intervention program, counselling or both. This is called a Voluntary Intervention Order. The purpose of a Voluntary Intervention Order is to allow a respondent the opportunity to do something positive to address their behaviour and work through the issues that […]
Interstate Orders
An aggreived person (or Applicant) can apply to the Magistrates Court to have a Domestic Violence Order (Protection Order or DVO) that was made interstate, registered in Queensland. If you are the respondent to the original order, you do not need to be given notice of the application to register the interstate Order and the […]
Do the Rules of Evidence Apply to a Domestic Violence Application?
Section 145 (1) of the Domestic and Family Violence Protection Act 2012, allows the court not bound by the rules of evidence in a proceeding under that Act or any practice or procedures applying to courts of record) and may inform itself in any way it thinks appropriate. This does not mean that the rules […]
Can I get my legal costs of defending a DVO Application?
At the outset, you should understand that you cannot claim your costs if you don’t have legal representation. If you do have a lawyer you may be able to claim your costs. The general rule is that each party must bear their own costs in a proceeding for an application. However, the court has the discretion […]
What if the Aggreived wants to withdraw the Application?
If its a private application, an applicant can withdraw an application before the court has made its decision or the applicant makes a written application to withdraw to the court. However, when police initiate an application, the QPS maintains the right to appear and make representations to ensure applications are not withdrawn by the aggrieved due to threats and/or intimidation by […]
3 vital things that you need to know if you have a weapons licence.
It is not uncommon for a Respondent to hold a weapons licence and have weapons and/or ammunition stored in accordance with that weapons licence. The Respondent may need that licence because they live on a rural property, need a weapon for his (or her) job or simply be a part of a recreational or sporting […]
Granting Bail in Domestic Violence Cases
There are significant changes to the Bail Act 1980 and Corrective Services Act 2006 are important to obtaining bail in domestic violence cases. Generally, Queensland law provides its citizens the right to apply for Bail. This is the temporary release from arrest and detainment of an accused person awaiting trial. However, the Queensland Parliament considers that dangerous offenders should be remanded in custody, pending […]