Understanding Domestic Violence Offences:
Your Legal Guide and Support
Introduction to Domestic Violence
- Domestic violence (DV), also known as domestic and family violence (DFV), refers to violent behaviour or abuse within a domestic or family relationship.
- Domestic violence offence is a broad term that encompasses many different criminal offences. These predominately fall into two categories: breaches of Domestic Violence Orders, and criminal offences committed against someone you are in a relevant domestic relationship with.
- DV can take many forms, including physical, emotional, psychological, and financial abuse, as well as coercive control and sexual abuse.
- If you or someone you know is experiencing domestic violence, it’s essential to seek help and support from domestic violence lawyers or support services.
- A domestic violence lawyer can provide expert guidance and representation in court proceedings as well as during litigation for an allegation that a person has committed domestic violence such as where there is a domestic violence offence charge.
- Domestic violence is a serious offence that can have severe consequences for both the victim and the offender.
- It is important to engage a lawyer that is experienced and knowledgeable in both criminal law and domestic violence matters. Domestic violence offending can also impact family law matters.
Understanding Domestic Violence Offences
What are Domestic violence offences?
- Domestic violence offences includes breaching a domestic violence order (DVO), police protection notice (PPN) or police protection direction (PPD). It also includes behaviour that occurs with or without a DVO, PPN or PPD being in place, such as assaults, choking, stalking, using a carriage service to menace or harass, sexual offences, and more.
- Coercive control has now been legislated as a separate criminal offence in Queensland, as it is in other States across Australia. Coercive control offences require the Police to establish a pattern of behaviour (more than one act) which is used to control another person to a relationship. This can include acts such as stopping a person from speaking or engaging with family (parents, siblings etc) or friends, stopping them from attending parties or gatherings or not permitting them to speak with doctors or to leave the house. This is not a comprehensive list and other examples are available.
- These offences are serious even when committed outside of a domestic or family relationship, but the circumstance of ‘domestic violence offence’ makes the charge more serious.
- Courts take a strong view towards domestic violence offending and can sentence harshly. There are often domestic violence applications associated with the criminal offences too.
Types of Abuse
- Domestic violence can involve various types of abuse, including physical, emotional, psychological, and financial abuse.
- Sexual abuse and coercive control are also forms of domestic violence that can have a significant impact on a person’s mental health and well-being.
- Violent behaviour, threats, and intimidation are common examples of domestic violence.
- Older persons, children, and women are particularly vulnerable to domestic violence, and it’s crucial to provide them with support and protection.
- Domestic violence can occur in any relationship, including romantic relationships, family relationships, and friendships.
Family Law Considerations
- Domestic violence can have significant implications for family law, particularly in cases involving children or property disputes.
- A domestic violence lawyer can provide you with expert guidance on family law considerations, including child custody, property division, and spousal maintenance.
- Family law proceedings can be complex and emotionally challenging, but with the right support and representation, you can navigate the system effectively.
- It’s crucial to prioritize your safety and well-being, as well as the safety and well-being of your children, when navigating family law proceedings.
- In Brisbane, there are several resources available to support victims of domestic violence, including family law services and support groups.
Protection Measures
- Protection measures, such as restraining orders and protection orders, can also be made by the Court at the time of sentencing for a criminal domestic violence offence. These are seen at sentencing as an effective tool in preventing further abuse or violence in the future.
- In cases where you feel unsafe or are in immediate danger, it’s crucial to contact the police or emergency services for assistance.
- Domestic violence offences can have a significant impact on your mental health and well-being, and it’s essential to prioritise your safety and seek support.
Navigating the Court Process
Legal Protection
- If you’re experiencing domestic violence, you can seek legal protection through a domestic violence order (DVO).
- A DVO is a court-issued order that protects the victim from further abuse or violence.
- Our domestic violence lawyers can help you apply for a DVO and represent you in court proceedings.
- The legal system is designed to support victims of domestic violence and hold offenders accountable for their actions.
- It’s essential to understand your rights and options when it comes to legal protection and support services.
Court Proceedings for domestic violence offences
- Court proceedings for domestic violence cases can be complex and intimidating, but with the right support and representation, you can navigate the system effectively.
- A domestic violence lawyer can provide you with expert guidance and representation in court, ensuring that your rights are protected and your voice is heard.
- The court process involves several steps and these vary depending on the seriousness of the charge. For instance, a stand alone breach of a PPN can be dealt with in the Magistrates Court, whereas a charge of choking must be dealt with in the District Court of Queensland.
- The Police will also often bring a contemporaneous Application for a Protection Order or seek to vary a Domestic Violence Order which is already in place. Such applications run as a separate proceeding and these proceedings often require the preparation of separate affidavits and evidence and attending a hearing.
- It’s crucial to have a supportive team, including domestic violence lawyers, counsellors, and support services, to help you through the court process.
- In the greater Brisbane area and across Queensland, there are several resources available to assist people through domestic violence court proceedings, including court-based services and community organisations.
Alternative Solutions
- Alternative solutions, such as restorative justice mediation and counselling, can be effective in resolving domestic violence disputes and addressing underlying issues.
- However, these solutions may not be suitable for all cases, particularly those involving severe violence or abuse.
- A domestic violence lawyer can help you explore alternative solutions and determine the best course of action for your specific circumstances.
- Intervention programs, such as counselling and behaviour change programs, can also be beneficial in addressing domestic violence and supporting offenders to change their behaviour.
- It’s essential to prioritise your safety and well-being when exploring alternative solutions.
Responding to Allegations
- Responding to these allegations can be challenging and emotionally demanding.
- A domestic violence lawyer can provide you with expert guidance and representation in responding to allegations and navigating the court process.
- It’s essential to understand your rights and options when responding to allegations, including the right to seek legal advice and representation where you can discuss these matters more comprehensively.
- Domestic violence allegations can have significant consequences, including the imposition of a domestic violence order or other penalties.
- It’s crucial to take allegations of domestic violence seriously and seek support from domestic violence lawyers and support services.
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FREQUENTLY ASKED QUESTIONS (FAQ)
If I breach a Domestic Violence Order, Police Protection Notice or a Police Protection Direction can I receive a penalty that includes jail?
Yes, breaching one of these can include a penalty of imprisonment. The Court must take into account the facts and circumstances of the offending, the defendants personal circumstances and background, and other important factors including rehabilitation steps. It is important that you speak with an experienced domestic violence lawyer as they can assist you to prepare for any sentencing hearing.
Why is there serious penalties for these types of offences?
The law recognises that domestic and family violence is not tolerated in society and emphasises the importance of personal safety. Coercive control is a common dynamic in domestic violence, where perpetrators use patterns of abusive behaviors to exert power and dominance. As a result, the penalties for domestic violence offences are very serious.
What is the difference between a Domestic Violence Order, Police Protection Notice and a Police Protection Direction?
A Domestic Violence Order (DVO) is a protection order issued by a court that imposes rules the respondent must obey.
A Police Protection Notice is issued by Police and only lasts until the matter comes before the Court (usually within a week).
A Police Protection Direction is issued by Police and lasts for 12 months.
It is a criminal offence to breach any of these.
Can I be charged with the breach of a Protection Order which was made in another State, Territory or in New Zealand?
Yes you can. Domestic and family violence Orders from other States, Territories or in New Zealand are nationally recognised and enforceable. Similarly, an Order made in Queensland is recognised and enforceable in other States and Territories across Australia.
What does it mean to breach an Order by committing domestic and family violence?
The Domestic and Family Violence Protection Act 2012 defines domestic violence as including actions such as sexual abuse, psychological abuse, physical and emotional abuse, stalking, coercion and control, and economic and financial abuse. A mandatory condition on any Queensland issued domestic violence order is not to commit domestic and family violence. If you are charged with a breach, the Police may allege that you have committed an act which meets this wide definition.
