Name: Domestic violence qld act | Who can apply? Brisbane Family Law
Brand: James Noble Law
SKU: James Noble Law
Rating: 5 (136 reviews)

Question 1

What are the domestic violence QLD act, Australia, and family violence?

Accepted Answer

Domestic violence QLD act and family violence are well explained in the various state and federal legislation.  The relevant Courts that deal with the protection of individuals and families subject to domestic violence are the state Magistrate Courts at first instance.nnHow prevalent is the domestic violence QLD act?nnThe Australian Domestic Violence Data Survey found that at least 1 in 3 women and 20 men has experienced violence from a current or former partner since the age of 15. There were 264,028 incidents of domestic violence between 2014 and 2016.

Question 2

Why is domestic violence act an issue in Australia?

Accepted Answer

Qld Domestic violence act occurs when one person uses violence, abuse or control over another person in a relationship.  This is usually ongoing behavior and it is quite rare that a domestic abuser ceases the abuse without some form of intervention.  Domestic Abusers use fear to control their partners or family members.nnAt James Noble Law we strongly advise that your first thought and action should be to protect yourself and your family from any abuse.  If you think you are subject to domestic violence plan your escape or just call the police.  They can help.

Question 3

What are the various forms of Domestic Violence?

Accepted Answer

1. physical abuse (including slapping, hitting, punching, pushing, and kicking)n2. threatening to hurt you, your children, pets, relatives, friends, or work colleaguesn3. threatening to disclose your sexual orientation to other people against your wishesn4. threatening to, or depriving you of your liberty (including locking you in the house so you cannot go out)n5. stalking (including constantly following you by foot or car, constantly calling you by phone, text message, and email, or staying outside your house or workplace). Stalking is a criminal offense in Queensland.n6. damaging property to frighten and intimidate you (including punching holes in walls, breaking furniture, harming pets)n7. emotional abuse (including criticizing your personality, looks, the way you dress, saying you are a bad parent or threatening to hurt you, your children, or your pets, or threatening to damage personal items you value)n8. verbal abuse (including yelling, shouting, name-calling, and swearing at you)n9. sexual abuse (including forcing or pressuring you to have sex or participate in sexual acts)n10. financial abuse (including taking control of your money, not giving you enough money to survive on, forcing you to hand over your funds, and not letting you decide how it is spent)n11. threatening to stop providing care for you if you don’t do what you are told (this sometimes happens to an elderly person or a person with an illness, disability, or impairment who relies on another person to care for them)n12. social abuse (including controlling where you go, not letting you see or have contact with your friends or family)n13. depriving you of the necessities of life such as food, shelter, and medical caren14. spiritual abuse (including forcing you to attend religious activities against your wishes or stopping you from participating in the religious or cultural practices of your choice)n15. threatening to commit suicide or self-harm to torment, intimidate or frighten you.

Question 4

What are the abnormal vehaviours children may show when they are affected?

Accepted Answer

1. copying the abusive or violent behaviorn2. sleeping difficulties including nightmaresn3. trying to intervene to stop the abuse (this is how some children become injured during domestic and family violence incidents)n4. being stunned into a terrified silence by what they seen5. blaming themselvesn6. being afraid, angry, and depressedn7. bullying others or being bullied by othersn8. being cruel to animalsn9. regressive behaviours like bedwetting and thumb suckingn10. being nervous and withdrawnn11. changes in behaviour and/or academic performance at schooln12. displaying psychosomatic illnesses including unexplained headaches, asthma and stutteringn13. running away from homen14. attempting suicide or self-harmn15. abusing alcohol and substances (in older children).

Question 5

Who can apply to the court for domestic violence?

Accepted Answer

1. the person experiencing the domestic and family violence (the aggrieved)n2. someone else, for example, a solicitor or social worker, can apply on behalf of the aggrieved with the aggrieved person’s consentn3. a police officer attending a call out due to an incident of domestic and family violence. The consent of the aggrieved is not required for a police applicationn4. someone acting under another Act for the aggrieved, for example, a guardian for a personal matter, or an administrator for a financial matter under the Guardianship and Administration Act 2000n5. the Adult Guardian can apply if they believe that the aggrieved needs legal protection but does not have the capacity to apply for a protection ordern6. someone who is appointed as the attorney of the aggrieved under the Powers of Attorney Act 1998 and who makes the application under the enduring power of attorney QLD.

Question 6

What are the police powers in relation to this?

Accepted Answer

The role of the Queensland Police is to respond to threats or incidences of violence and bring the matter before the Court. Many police officers are called to domestic violence incidents by victims or concerned neighbours.nnThe priority of a police officer called to an incident is to ensure the safety of the parties involved.nnA Queensland Police publication advises that:nnIf a police officer reasonably suspects an incident of violence(including physical, sexual, verbal or financial abuse; damage to property; harassment or intimidation; or threatening to do any of these), it is their duty to investigate the matter thoroughly.nnThis investigation may include:nnSeparating the partiesnnAsking personal questions — such as the history of the relationship and the reason for the present problem.nnSearching the premises for anything associated with causing injury or harmnnRemoving the person using domestic violence and placing them in custody for up to four hours.

Question 7

Can I make my own domestic violence application?

Accepted Answer

If the police are not willing to act and initiate an application for a Protection Order a person may apply for one or have their lawyer bring the domestic violence application on their behalf.nnIf a lawyer assists, they can draft the necessary application ensuring that it contains all relevant information that the Court will require to consider that application. The lawyer can represent the party in all aspects of the application and the subsequent hearings in the Court.n

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Practice Categories: DOMESTIC VIOLENCE

DOMESTIC VIOLENCE

NEED HELP?

TALK TO A NOBLE FAMILY LAWYER

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