Frequently Asked Questions about Domestic Violence issues in Family Law cases.
- What is Domestic Violence?
- My partner is abusive and/or violent towards me. What can I do?
- My partner has filed a Domestic Violence Order (DVO) Application against me. Will this give me a criminal record?
- If I am not served with the Domestic Violence Application and/or do not attend Court, can an Order still be made against me?
- If I make an Application for a DVO, can I include a relative, a friend or the children if they are also being exposed or are at risk?
- If I have a weapons licence, can my licence be revoked if an Order issues against me?
- Can I be removed from my home as a result of an Order being made against me?
- If I do not agree with the allegations made against me, but do not wish to object to the Order being made, does the matter have to proceed to a Trial?
- How long can a Domestic Violence Order last and when will it take effect?
- Can something be done between when I file an Application against my former partner and when a final decision is made by the Court?
Domestic Violence can include and is not limited to any of the following:
- Injuries suffered by you or threats to harm you;
- Damage to your property or threats to damage your property ;
- Intimidation or harassment such as stalking behaviour or repeated and excessive phone calls or text messages;
- Indecent behaviour towards you without your consent;
- Emotional or psychological abuse;
- Economical abuse;
- Threatening or coercive behaviour towards you; and
- Any other conduct that aims to control or dominate you causing you to fear for your safety or wellbeing or that of someone else.
It is important to note that an act of violence does not need to be personally committed; a person only has to threaten to commit it.
If you are concerned about your safety, the safety of your children or your property, or the safety of a family member or work colleagues, you should contact the police and obtain urgent assistance, or alternatively, contact us urgently to find out more about making a Domestic Violence Order Application.
My partner has filed a Domestic Violence Order (DVO) Application against me. Will this give me a criminal record?
No. If however, an Order is granted against you, and you breach the terms of the Order, criminal proceedings may be commenced against you and you may be convicted of a criminal offence. The terms of a DVO should not be taken lightly.
If I am not served with the Domestic Violence Application and/or do not attend Court, can an Order still be made against me?
Yes. The Court is able to make an Order even in circumstances where you are not notified about the Application or do not appear in Court.
If I make an Application for a Domestic Violence Order, can I include a relative, a friend or the children if they are also being exposed or are at risk of being exposed to the behaviours of my former partner?
Yes. Relatives, associates and children may be protected by a Domestic Violence order if they are named in the Order. You can name a co-worker, a roommate or parties who attend the same church or club as you if necessary.
Yes. The Court has the power to ask you whether you have weapons or access to weapons, or if you have a weapons licence. You can be asked to relinquish those weapons and your licence.
Yes. If the conditions of an Order include what is referred to as an “ouster order”, you can be asked to vacate the premises where you lived together or previously lived with your former spouse and may also prevent you from attending the workplace or other such establishments where your former spouse frequents. If you are Ordered to vacate premises in which you previously lived, you will be allowed the opportunity to attend the premises most likely under the supervision of the Queensland Police to collect your essential belongings.
If I do not agree with the allegations made against me, but do not wish to object to the Order being made, does the matter have to proceed to a Trial?
No. You have the following options available to you:
- You can accept the Order being made against you and admit the contents of the application and the allegations made therein; or
- You can accept the Order being made against you on a “without admission” basis, meaning that you do not admit to the contents of the Application or the allegations made therein.
Alternatively, you can contest the Application and the matter will proceed to Trial.
A Domestic Violence Order takes effect on the date it is made and will be in place for the term of the Order, which may vary depending on the circumstances. Generally, the Order will be in place for one or two years.
Can something be done between when I file an Application against my former partner and when a final decision is made by the Court?
Yes. In certain circumstances, a Court can make a Temporary Order when you initially file proceedings, and can be extended between further hearings or up until the matter proceeds to Trial. You should note however, that the other party can apply to the Court to have the Order revoked. Contact us today to discuss you options further on [email protected].