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Domestic violence, also known as family violence, is a severe issue in Brisbane, Australia, and laws are enacted to protect individuals and families affected by such situations. Under the Domestic and Family Violence Protection Act 2012, domestic violence encompasses both physical and non-physical abusive behaviors, including emotional or psychological abuse, financial abuse, threats, coercion, and controlling behavior that causes fear.
Domestic violence law is complex and navigating through it could be challenging. You may need a lawyer if you are a victim seeking a protection order, whether temporary or permanent, against an abusive partner. Lawyers are also essential if you need to understand your rights and the implications of legal decisions such as divorce, child custody, child support, and property distribution. Similarly, if you are falsely accused of domestic violence, a lawyer can help you contest the allegations and protect your rights.
The centrepiece of legislation relating to domestic violence in Brisbane is the Domestic and Family Violence Protection Act 2012 (Qld). This Act defines domestic violence, sets out the legal process for obtaining protection and the measures and conditions that can be imposed. It also introduces a principle of 'adequate and appropriate' regard to victims' views, rights, and safety, while emphasizing safety, protection, and emotional wellbeing of people, particularly children, who fear or have been subjected to domestic violence.
The law recognizes not only physical violence but also emotional or psychological abuse, financial abuse, threats, or any other controlling behavior that causes a person to live in fear as domestic violence.
A protection order, also known as a Domestic Violence Order (DVO), imposes restrictions on the accused's behavior to ensure the protection of the victim. These restrictions can include preventing the accused from approaching the victim, contacting them, going to their home or workplace, or any other condition deemed necessary.
A court may issue a DVO based on the sworn statements in your application. However, evidence such as photos of injuries, medical records, emails, or text messages can strengthen your case.
Legal Aid Queensland provides free advice and representation in some cases, while community legal centres offer free legal services, primarily based on your financial situation.
Domestic violence is a serious crime, and false accusations can have severe repercussions. A lawyer can guide you through the process, help you understand your rights, and work towards a favorable outcome.
Legal Aid Queensland and community legal centres provide free legal assistance in certain situations. DVConnect provides crisis support and resources for individuals affected by domestic violence. Lifeline and 1800RESPECT offer counselling and support for those experiencing family violence.
If you're a victim of domestic violence, or falsely accused, your first step should be to speak with a solicitor that specializes in domestic violence cases. They can help you understand your rights, navigate the legal system, and ensure your safety or defense. Also, consider reaching out to counseling services or crisis centres which help individuals affected by domestic violence.
