OMB Solicitors’ experienced Gold Coast Family Lawyers are on hand to assist with your Family Law FAQs.
Frequently Asked Questions about Domestic Violence issues in Family Law cases.
Domestic Violence can include and is not limited to any of the following:
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.
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.
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.
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.
No. You have the following options available to you:
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.
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].
Contact our Gold Coast Lawyers Team now!