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Author: Colleen Battersby

Potts Lawyers > Articles posted by Colleen Battersby

Keeping You Up to Date on Domestic Violence Laws in Queensland

Domestic and family violence occupies a substantial percentage of police time, through processes like applications for domestic violence orders and breaches of a domestic violence order. The Queensland Government plans on taking steps to improve police efficiency in this regard. Current Queensland Government Domestic Violence Legislation Domestic violence laws in Queensland are governed by the Domestic and Family Violence Protection Act. Under this legislation, police can issue a Police Protection Notice that remains in place until the first court appearance. At that time, the Court then determines whether a Temporary Protection Order need to be put in place for the duration of...

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Bridging Legal Realms: Navigating the Intersection of Domestic Violence & Family Law Proceedings

Navigating the complexities surrounding domestic violence and parenting can be both legally intricate and emotionally charged. When relationships deteriorate to the point where domestic violence becomes a concern, courts often intervene with domestic violence orders to protect victims. The presence of parenting orders adds a layer of complexity, as courts must balance the safety of aggrievied’s with the rights of parents to maintain a relationship with their children. In order to protect your rights and interests it is crucial that you obtain legal representation from a lawyer that understands the interplay between domestic violence orders and parenting orders.   What do I do...

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Everything you need to know about an Adult Caution

What is an adult caution? An adult caution is a formal warning issued by the Police.  They can be available to people in certain circumstances. Adult cautions are provided when it is in the public interest to do so.  Issuing one avoids a matter being processed through the criminal justice system. They should not be confused with a routine verbal warning about undesirable behaviour, as they involve a more formal process.   What is the purpose of an adult caution? The purpose of adult cautioning is to: manage lower-end offending in a manner that positively contributes to behaviour change and reduced recidivism (i.e. the tendency of...

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Defence of Duress in Queensland

What is the defence of duress? Section 31 of the Criminal Code 1899 (Qld) provides for the defence of duress. In certain circumstances, a person is not criminally responsible for an offence if they can show that they were ‘forced’ to commit an offence by another person. In Queensland, this defence is also referred to as ‘compulsion’.   What must be proven to establish duress? An act is not unlawful if it was reasonably necessary to resist actual (and unlawful) violence threatened to the defendant, or another person in their presence. It can also be established if the defendant can show that they committed the offence because: ...

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Youth crime crackdown and how it can impact child offenders

Background On 22 March 2023, the Strengthening Community Safety (‘SCS’) Act 2023 came into effect amending the youth justice sentencing frameworks. Collectively, the aim of the amendments to the youth justice laws is to strengthen community safety, despite strong opposition from human rights campaigners and experts who warned that this would result in more children being incarcerated.   What are the amendments and what do they mean for young offenders? Amendments have been made to the Youth Justice Act 1992 and other legislation which impact the bail and sentencing frameworks for young offenders.   How do I apply for bail as a young offender? Bail may be...

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Coercive Control

coercive control potts lawyers

New domestic violence laws in Queensland to criminalise coercive control On 10 May 2022, the Premier, Annastacia Palaszscuk announced plans to introduce legislation in Queensland to make coercive control a criminal offence. This was influenced by the 2020 death of Ms Hannah Clarke and her three children, who were murdered by her estranged husband, Mr Rowan Baxter and the October 2021 ‘Hear Her Voice’ report by the Women’s Safety and Justice Taskforce. This report outlined how best to legislate against coercive control and made 89 recommendations to the Queensland Government about essential reforms required to the domestic violence service and justice systems.   What is...

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What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

It is an offence in Queensland for a person to be in possession of Child Exploitation Material. Section 228D of the Queensland Criminal Code states that the maximum penalty for a person who knowingly possesses child exploitation material is 14 years imprisonment.   What is Child Exploitation Material? Child Exploitation Material, referred to as ‘CEM’ is defined as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years – (a)  In a sexual context, including for example, engaging in a sexual...

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