Domestic Violence

Coercive Control

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...

Can I apply to vary a domestic violence order?

Under the Domestic and Family Violence Protection Act 2012 (Qld), an application can be made to vary an existing domestic violence order. If you are considering making an application to vary a domestic violence order, you should seek legal advice. Our expert domestic violence lawyers can provide you with comprehensive advice regarding the court process. We can also prepare the necessary material and represent you in court. Who can apply to vary a protection order? The following people can make an application to vary a domestic violence order: The aggrieved named in the order; The respondent named in the order; A person named in...

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

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...

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

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...

Virus releases domestic violence brake

A key means of preventing an escalation of domestic violence matters during the COVID-19 lockdown has been dealt a major blow with the cancellation of men's face-to-face behavioural counselling sessions. Anti-domestic violence campaigners say there is no substitute for the court-ordered group therapy, where abusers are confronted by peers. The two-hour meetings, which are normally attended by between six and 20 men over 26 weeks, were shut down last month. The forums are where emotions often overflow, tears are shed and anger vented within a controlled atmosphere, says Men's Referral Service CEO Jacqui Watt. MRS has been operating nationally for more than 25 years...

Domestic violence: Bill Potts says blanket bail refusal not the answer

Changes should be made in the way courts deal with domestic violence offenders with mental health issues, rather than making bail harder to secure, a prominent Queensland lawyer has argued. The LNP has pledged to introduce laws reversing the onus of proof for bail on domestic violence cases in the first sitting week of Parliament in 2017. Queensland Law Society immediate past president Bill Potts says reversing the onus of proof for bail in domestic violence cases is not the answer.    The LNP’s legislation would cover people charged over domestic violence-related incidents, including offences of strangulation, assault, deprivation of liberty and kidnapping. That means...

Real Estate Row Results In Restraining Order Against Leading Agent

A Gold Coast real estate agent slapped with a restraining order for making a throat-slitting gesture to a rival agent has vowed to appeal.

Ray White principal Gary William Gannon was officially ordered to have no direct or indirect contact with fellow agent and developer Rod Lambert for 12 months.