Domestic Violence Law Articles QLD

31 July

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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...

22 December

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Can I apply to vary a domestic violence order?

Posted by Shelby Smith

in Domestic Violence

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...

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...

Coercive Control

Can I apply to vary a domestic violence order?

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

Domestic Violence Proceedings – Costs on Appeal

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