Leaving a domestic violence (DV) relationship is one of the bravest and most life-changing decisions a person can make. At James Noble Law, we understand the fear, uncertainty, and overwhelming logistics that come with this step—especially when children and property are involved. Based in Queensland, we’re here to help guide you through this complex process with compassion, clarity, and legal expertise. Whether you’re in Brisbane, the Gold Coast, or regional Queensland, you have rights—and you are not alone.
Understanding Domestic Violence
Domestic violence doesn’t only refer to physical harm. It can include emotional abuse, financial control, intimidation, coercion, and other manipulative behaviours. Under Queensland law, these forms of abuse are taken seriously, and legal protection is available.
Step 1: Prioritise Your Immediate Safety Your safety—and the safety of your children—must come first.
- Call 000 in an emergency.
- Contact support services such as DVConnect (1800 811 811) or 1800RESPECT.
- Consider applying for a Domestic Violence Order (DVO) through the Magistrates Court. A temporary protection order can be granted quickly for urgent safety.
Step 2: Seek Legal Advice Early Before making any decisions about leaving. Speak with a family lawyer experienced in DV matters. At James Noble Law, we can advise you on:
- How a DVO will affect parenting and property matters
- Strategies to protect your legal interests
- How to prepare documentation (e.g., financial records, custody evidence)
Step 3: Plan Your Exit Strategy. Safe planning is essential, especially if you’re worried about retaliation or surveillance.
- Arrange secure accommodation if necessary.
- Pack important documents (IDs, bank records, birth certificates) and store them safely.
- Change passwords and avoid shared accounts or devices.
Step 4: Address Parenting Arrangements. Queensland law prioritises the best interests of the child. Domestic violence is a critical factor in determining parenting orders.
Address Parenting Arrangements The court may restrict or suspend time spent with the violent parent.
- Supervised visitation may be ordered if contact is considered safe under supervision.
- A DVO can include conditions relating to child access and living arrangements.
Step 5: Divide Property and Assets Even if you’re leaving the family home, you still have a legal right to property and financial assets.
- Property settlements consider contributions from both parties, including homemaking and parenting roles.
- The presence of domestic violence could affect how the court distributes property, especially if abuse impacted your financial security or autonomy.
- Do not feel pressured to accept an unfair deal—speak to us first.
Step 6: Attend Court and Formalise Agreements Where possible, we encourage mediation or negotiation—but only if it’s safe and appropriate. If not, court intervention may be required.
- Parenting Orders and Property Orders must be formalised through the Family Court, the Federal Circuit and Family Court of Australia.
- We will represent you throughout the process and help ensure your voice is heard.
Leaving a domestic violence relationship is not just a legal process—it will have lasting effects on every aspect of family life. At James Noble Law, we are committed to supporting you throughout the whole process involved. Our experienced Queensland family lawyers will assist you to secure a better future for you and your children.
Need Legal Support? James Noble Law is Here for You
Looking for trusted Family Law experts? James Noble Law has been delivering exceptional Family Law services in Brisbane, Cairns, and Gold Coast for over 50 years.
Contact James Noble Law on 07 2112 3947 for a confidential consultation.
Take advantage of our complimentary 20-minute consultation—no obligations, just expert advice from our skilled legal team. Book your appointment today and speak directly with our experienced Family Lawyers.
- Over 50 years of experience
- Family Law specialists across Queensland
- Free 20-minute initial consultation
- Convenient locations—find us easily on Google Maps
Don’t wait to get the clarity and support you deserve.
Take the first step toward resolving your legal matters with confidence.
