Category: Domestic Violence

Domestic violence is a pervasive issue that affects individuals, families, and communities across the world. In Cairns, Queensland, the impact of domestic violence is profound, leading to significant physical, emotional, and psychological harm. This blog post aims to provide an in-depth understanding of domestic violence, the legal framework surrounding it in Queensland, and the available family law resources for victims in Cairns. What is Domestic Violence? [caption id="attachment_18117" align="alignright" width="350"] Domestic Violence[/caption] Domestic violence, also known as family violence, encompasses...

The rise in domestic violence incidents, exacerbated by increased media coverage, has provoked significant political response. Governments, recognising the urgency of the issue, have initiated a series of measures aimed at addressing and mitigating domestic violence. These actions reflect a multifaceted approach that includes legislative changes, increased funding for support services, and public awareness campaigns. The political momentum has also influenced judicial practices, particularly concerning domestic violence orders (DVOs). Political Reaction In response to the surge in domestic violence cases,...

Domestic violence is a pervasive issue that affects families throughout Australia, including those residing in Cairns, Queensland. In the face of such adversity, seeking assistance is crucial for victims and their families to ensure their safety and well-being. Cairns offers various resources and support systems tailored to address the complexities of domestic violence situations. This blog post aims to provide a comprehensive guide to navigating domestic violence assistance in Cairns, Queensland, focusing on legal avenues, support services, and community resources...

The Leaving Violence Program The Government has established a new scheme whereby $925.2 million is being invested over five years to permanently establish the Leaving Violence Program. The purpose of this program is to help those escaping domestic violence, ensuring that they receive financial support, safety assessments and referrals to support pathways. Those eligible will be able to access up to $5,000 in financial support along with referral services, risk assessments and safety planning. [caption id="attachment_18013" align="alignright" width="350"] Leaving Violence...

Domestic violence is a pervasive issue that affects countless individuals and families worldwide, including Cairns, Australia. Fortunately, the legal system in Cairns offers protection measures to safeguard victims of domestic violence. In this blog, we will explore domestic violence and protection orders, their significance, and the steps to obtain them in Cairns. Understanding Domestic Violence in Cairns Domestic violence refers to a pattern of abusive behaviour used by one partner to control another within an intimate or family relationship. It...

Domestic violence is a deeply concerning issue that affects countless individuals and families across the world. In Cairns, Australia, this problem is no exception. However, the good news is that there are numerous resources and support systems available to assist victims of domestic violence. Outlined below are some of the essential resources and organisations that provide assistance and hope to those most in need. Queensland Police Service [caption id="attachment_18076" align="alignright" width="350"] Domestic Violence Resources for Victims[/caption] In emergency situations, the...

When we hear about domestic violence, our minds often conjure images of women as victims and men as perpetrators. While it is undeniable that women are disproportionately affected by domestic violence, it is crucial to acknowledge that men can also be victims of domestic violence. In Cairns, Australia, the issue of domestic violence against men is a hidden crisis that needs more attention and support. Understanding Domestic Violence [caption id="attachment_17604" align="alignright" width="300"] Male Domestic Violence Victims[/caption] Domestic violence is a...

Domestic violence can affect anyone, regardless of their gender. Male victims of domestic violence in Cairns, Australia, often face unique challenges when seeking help and support. In this blog, we will provide a list of resources available to male victims in Cairns, including helplines, shelters, support groups, and legal assistance, to help them break free from the cycle of abuse and find the support they need. DV Connect [caption id="attachment_17599" align="alignright" width="300"] Male Victims of Domestic Violence in Cairns[/caption] DV...

Domestic violence is a pressing issue worldwide, including in Cairns, Australia. It is crucial to recognise that the cycle of abuse can only be broken if perpetrators seek help and rehabilitation. This blog aims to outline resources available in Cairns for individuals who have engaged in domestic violence and want to address their behaviour, make amends, and lead a healthier life. Men's Referral Service (MRS) [caption id="attachment_17532" align="alignright" width="300"] Domestic Violence Cairns[/caption] The Men's Referral Service is a national service...

Resources for Perpetrators of Domestic Violence in Brisbane Domestic violence is a pervasive issue that affects countless lives, leaving a trail of physical and emotional scars in its wake. While much attention is focused on supporting victims, it is equally essential to address the root of the problem – the perpetrators. Recognising the potential for change, several resources are available to help individuals who have engaged in domestic violence to break the cycle of abuse and learn healthier ways of...

Paid Domestic Violence Leave For Employees [caption id="attachment_16616" align="alignright" width="300"] Paid Domestic Violence Leave For Employees[/caption] Paid Domestic Violence Leave: The Fair Work Ombudsman has introduced Family and Domestic Violence leave for employees. Paid family and domestic violence leave was made available for employees of non-small businesses (businesses with over 15 employees) from 1 February 2023. Employees who work for small businesses (less than 15 employees), will be able to gain access to this paid leave from 1 August 2023,...

Understanding Defacto Relationships [caption id="attachment_16310" align="alignright" width="350"] Understanding defacto relationships[/caption] Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in determining whether it is one of a couple living together on a genuine domestic basis. Section 4AA(2) sets out some of the circumstances to be considered, including “whether a sexual relationship exists”, and Section 4AA(3) provides in effect that no particular...

Paid Family and Domestic Violence leave for employees. The Fair Work Ombudsman has introduced Family and Domestic Violence leave for employees. Paid family and domestic violence leave was made available for employees of non-small businesses (businesses with over 15 employees) from 1 February 2023. Employees who work for small businesses (less than 15 employees), will be able to gain access to this paid leave from 1 August 2023, however, they can still access the existing 5 days of domestic and...

Beware of what you tell to the Judge The Court has the power to award costs for false statement against a party who deliberately misleads the Court  A vengeful spouse in Family Law Matters may seek revenge against a former partner by making a false statement and misleading allegations against his/her former partner, allegations that have no substance or truth.  Be careful what you say. Section 157 of the Domestic and Violence Protection Act (DFVPA) confers discretion to award costs...

The Kennon Principle- Kennon & Kennon [1997] FamCA 27; (1997) FLC 92-757 (“Kennon”). Violent Conduct & The Effect On Property Issues. [caption id="attachment_13897" align="alignright" width="350"] Violent Conduct & The Effect On Property Issues[/caption] Where there is a course of violent conduct by one party towards the other during the marriage which is demonstrated to have had a significant adverse impact upon that party’s contributions to the marriage, or, put the other way, to have made his or her contributions significantly more arduous than they ought to...

The infamous defamation trial instigated by Johnny Depp against his ex-wife Amber Heard has concluded, with Mr Depp being awarded $15 million in damages. However, punitive damages cannot exceed $350,000 in Virginia meaning that Johnny Depp will receive a total of $10.35 million. Separately, the jury ruled in favour of Amber Heard on a countersuit of defamation, with Ms Heard being awarded $2 million in damages. According to Michael Bradley of Marque Lawyers, the trial was conducted “like a circus”....

What is coercive control in Queensland? The Queensland Government has announced that the State will introduce legislation to make coercive control a criminal offense by the end of 2023. The overhaul of laws and practices to better protect Queenslanders from domestic and family violence and hold perpetrators to account also includes: New programs to recognize and prevent coercive control; Commission of Inquiry into police responses to domestic and family violence; Expansion of the Domestic and Family Violence Courts; Better support...

Domestic and Family Violence Turns Deadly Recently the Brisbane suburb of Logan mourned the death of Father and Nurse/Care Manager Stanley Obi aged 33 who died at the hands of his ex-partner and mother to his children, Sarah Mudge aged 31. Ms. Mudge is reported to have broken into Mr. Obi’s home, doused him and his girlfriend in petrol, and then set the house alight. Fortunately, the 3 children managed to escape the burning house but sadly both Mr. Obi...

What should you do if Family Law Matter makes Delay? Merging Family Courts and Early Senate Reports The current structure of the Family Court of Australia and Federal Circuit court of Australia have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be frustrated, and rightly so. The planned merging of the Family Court of Australia (FCA) and...

Domestic Violence in Australia & Property Matters The issue of family violence is currently governed by both the Family Law Act 1975 (Cth) and the Family Law Legislation Amendment (Domestic Violence in Australia and Other Measures) Act 2011 (Cth). The recent amendments effectively change the Family Law Act to provide: Greater protection from harm when determining the child’s best interests; Changing the definition of ‘Family Violence’ and ‘Abuse’ to reflect a modern understanding of the terms; Providing a wider scope...