Domestic Violence

Under Queensland law, people may apply for special protection in cases of domestic violence. The Courts have the power to issue domestic violence orders which seek to protect an aggrieved (the person affected) from the respondent (the person alleged to have committed domestic violence).

What is Domestic Violence?

Domestic violence is:

  • physical or sexual abuse
  • emotional or psychological abuse
  • economic abuse
  • threatening behaviour
  • coercive behaviour or
  • behaviour that in any way controls or dominates or causes a person to fear for their personal safety or wellbeing

by one person towards another person.

What does the Court consider?

There are three matters that the Court must be satisfied are answered by a domestic violence application:

  1. Is there a relevant relationship between the aggrieved person and the respondent?
  2. Has there been at least one act of domestic violence?
  3. Is it necessary or desirable for the aggrieved to be protected?

A relevant relationship is:

  1. An intimate personal relationship – spousal, engagement or couple;
  2. A family relationship – a relationship between two people if one of them is or was the relative of the other.
  3. An informal care relationship – a relationship between two people if one of them is or was dependent on the other person for help in daily living.
In deciding whether or not a protection order is necessary or desirable to protect the aggrieved from domestic violence the Court will consider the principles contained in the legislation. These principles include:

  • The safety, protection and wellbeing of people who fear or experience violence, including children are paramount.
  • People who fear or experience domestic violence should be treated with respect and disruption to their lives should be minimised.
  • In circumstances in which there are conflicting allegations, for example in cross-applications, the person who is most in need of protection should be identified.

How can Robertson O’Gorman Solicitors help you?

At Robertson O’Gorman Solicitors we know that domestic violence affects different people in different ways.  Police officers may take out applications that you are dissatisfied with. Private Applications may be required where Police exercise their discretion not to intervene.   Your life may be restricted by an order that has been made.

If you would like help now to understand the systems and processes involved in domestic violence matters, please contact one of our specialists today.

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