06 September

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FAQs for Domestic Violence Matters

The laws surrounding domestic violence have changed significantly in the last decade. Over five years [1], there were on average nearly 30,000 applications for domestic violence filed each year.[2] In this series of information, our experienced domestic violence lawyers will answer some frequently asked questions concerning domestic violence laws in Queensland. What proof is required in domestic violence proceedings? When they wrote the laws about domestic violence, they were very mindful that most things happen behind closed doors. Usually, there are no witnesses to domestic violence. As such, the Court does not require there to be photos or videos of what happened...

16 August

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Criminal Law & Offences, Domestic Violence

The laws surrounding domestic violence have changed significantly in the last decade. An average of 30,000 domestic violence applications [1] were lodged each year from July 2018 to June 2023 [2]. In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. FAQs for Domestic Violence Matters - PART TWO My ex took out a DVO against me and I want to engage lawyers to assist me. Can I get any of my legal costs back if I win? The costs provisions of the Domestic and Family Violence Protection Act were amended in August 2023 to...

30 July

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Domestic Violence, Uncategorised

The laws surrounding domestic violence have changed significantly in the last decade. Over a five year period[1], there was on average, nearly 30,000 applications for a domestic violence filed each year.[2] In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. Part 1 What is domestic violence? The meaning of "domestic violence" is very broad. It occurs when two people are in a "relevant relationship" and involves behaviour that: is physically or sexually abusive; is emotionally or psychologically abusive; is economically abusive; is threatening; is coercive; or in any other way controls or dominates...

10 July

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Understanding Apprehended Violence Order in New South Wales

Posted by Sinead Garland

in Criminal Law & Offences, Domestic Violence

In each State and Territory, there is legislation that has been drafted to allow people to apply for restraining/ protection orders. The legislation dealing with domestic violence in New South Wales is the Crimes (Domestic and Personal Violence) Act 2007 (Act). The objective of the Act is to protect people from domestic violence, intimidation and stalking. The Act also sets out to protect people who are witness to domestic violence or have experienced domestic violence (i.e children in the relationship). In New South Wales a restraining order is called an Apprehended Violence Order (AVO) An AVO is an order that can be made...

30 April

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How do I change a domestic violence order that’s in place?

Posted by Colleen Battersby

in Criminal Law & Offences, Domestic Violence

Are you the respondent in a domestic violence order that you want changed? A respondent is an individual who has been ordered to comply with a series of conditions. Or, are you the aggrieved in a domestic violence matter seeking the order to be varied? An aggrieved is an individual who is protected under the domestic violence order. The conditions put in place are meant to protect this person’s safety and well-being. What are Domestic Violence Orders? Domestic violence orders are civil orders put in place to protect people against domestic violence. They can include a range of strict conditions and can be...

04 April

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

Posted by Colleen Battersby

in Criminal Law & Offences, Domestic Violence

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 aggrieved’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...

26 August

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Bill Potts comments on domestic violence laws six months after horrific murders

Posted by Potts Lawyers

in Domestic Violence

Hannah Clarke's parents call for stronger domestic violence laws six months after horrific murders Six months on from the shocking murders of Hannah Clarke and her three children, domestic violence advocates are calling for coercive control and petrol dousing to be established as offences in Queensland. Ms Clarke, 31, and her children, Aaliyah, Laianah and Trey, were murdered in Brisbane's Camp Hill after her estranged husband Rowan Baxter ambushed them on the morning school run on February 19. Baxter, doused them with petrol and set the car alight before he died of self-inflicted stab wounds nearby. The three children — aged, six, four...

27 May

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What Does “Choking” Mean in Queensland? A New Court of Appeal Decision Provides Us with a Definition

Posted by Danielle Hanson

in Domestic Violence

What Does “Choking” Mean in Queensland? A New Court of Appeal Decision Provides Us with a Definition On 5 May 2016, an offence of choking, suffocating or strangulation in a domestic setting was introduced in Queensland following a recommendation made by the Special Taskforce on Domestic and Family Violence in Queensland (“the Taskforce”) in their Not Now, Not Ever: Putting an end to domestic and family violence in Queensland report. In order to prove an offence of choking, suffocating or strangulation, the police must prove (beyond a reasonable doubt) that: the accused choked, suffocated or strangled another person; the above act was...

01 April

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Domestic Violence Proceedings – Costs on Appeal

Posted by Adam Moschella

in Domestic Violence

Article by Adam Moschella, Criminal Lawyer at Potts Lawyers Given the prevalence of applications for protection orders being filed and heard by the Magistrates Court parties can sometimes be put to unnecessary expense responding to said applications, especially where those applications are then appealed to the District Court. With most being justified applications by those genuinely requiring protection, some applicants seek orders with the intention of using the order against the responding party to, for example gain an unfair advantage against a party in family law proceedings. 1. Can costs be awarded in domestic violence proceedings? Traditionally, where applications for protection orders are heard and...

30 May

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Bill Potts comments on domestic violence issues in Queensland

Posted by Potts Lawyers

in Criminal Law & Offences, Domestic Violence, General Law News

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by the Gold Coast Sun on the funding issues exacerbating domestic violence in Queensland. Although he said the Queensland Government had managed some great results and he was aware funding only went so far, former head of the Queensland Law Society and leading criminal lawyer Bill Potts said a lack of focus on DV perpetrators could be exacerbating the issue. “Within that DV area, while a lot of focus is on victim support and specialist courts there is a massive need for diversion programs for perpetrators,” he said. “The...

FAQs for Domestic Violence Matters

FAQs for Domestic Violence Matters

FAQs for Domestic Violence Matters

Understanding Apprehended Violence Order in New South Wales

How do I change a domestic violence order that’s in place?

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

Bill Potts comments on domestic violence laws six months after horrific murders

What Does “Choking” Mean in Queensland? A New Court of Appeal Decision Provides Us with a Definition

Domestic Violence Proceedings – Costs on Appeal

Bill Potts comments on domestic violence issues in Queensland

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