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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.
The 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.
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.
At 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.
Your next port of call should be to obtain competent legal advice. A good lawyer can point you in the direction that will see gain the protection you need and help you get in touch with support services to assist you to get your life back in order.
It is well known that domestic violence whether directed at children or undertaken in front of children can have immediately acute and long-lasting effects on their physical wellbeing their emotional well-being.
It may have such serious effects that it can impact their outside relationships and even in their schooling. It is also well known to affect a person’s ability to initiate and maintain friendly and romantic relationships with other people throughout their lives.
The Department of Communities, Child Safety, and Disability Services have recognized certain behaviors that children may show if they are being affected by domestic and family violence which include:
Domestic violence is controlled through the Magistrates Court of Queensland and in other State Courts in Australia.
Orders can be issued by the Court on a temporary or permanent nature. The general order made by the Court is:
Other orders can be made by the Court confiscating firearms, removing a party from the family home, limiting the powers of a party to contact the person affected by the domestic violence including children and orders prohibiting a party from being in the vicinity of the family home, the workplace of the other party or contacting the party by any means.
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.
The priority of a police officer called to an incident is to ensure the safety of the parties involved.
A Queensland Police publication advises that:
If 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.
This investigation may include:
Separating the parties
Asking personal questions — such as the history of the relationship and the reason for the present problem.
Searching the premises for anything associated with causing injury or harm
Removing the person using domestic violence and placing them in custody for up to four hours.
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.
If 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.
At James Noble Law we have the knowledge and experience to advise and guide our clients through the many and varied intricacies associated with domestic violence proceedings.
We will draft the necessary documents to ensure they set out all relevant circumstances to comply with the legislative requirements to achieve the best outcome and to represent our clients in domestic violence court proceedings. We are only too happy to act on your behalf in this regard.
Look no further than James Noble Law! We are your trusted Family Law experts, offering Family Law Services in Brisbane, Cairns Family Law, and Milton Family law Services more than 50 years. Take advantage of a complimentary 20-minute consultation with our skilled legal team – no strings attached! Secure your appointment now to connect with our experienced Family Lawyers.
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