Domestic Violence

Applications can be made privately and on application by a member of the Queensland Police Service. It can be the case that the parties do not want to be subject to such proceedings but if Police called to an incident, often out of an abundance of caution, an officer may institute proceedings for the Courts to determine whether an order can be made.

We at Jahnke Lawyers can assist with making the application as well as defending an order being made.
The Domestic and Family Violence Protection Act 2012 sets out the laws that govern Domestic Violence proceedings. The definition of what constitutes domestic violence is broad and allows for an order to be made for a range of behaviours that go beyond just physical violence.

The definition includes the following behaviour:

1. physically or sexually abuse; or
2. emotionally or psychologically abuse; or
3. economic abuse or
4. threats; or
5. coercion; or
6. in any other way controlling or dominating the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.

The Domestic and Family Violence Protection Act 2012 goes on to provide that, without limiting what is outlined above, domestic violence includes the following behaviour:

1. causing personal injury to a person or threatening to do so;
2. coercing a person to engage in sexual activity or attempting to do so;
3. damaging a person’s property or threatening to do so;
4. depriving a person of the person’s liberty or threatening to do so;
5. threatening a person with the death or injury of the person, a child of the person, or someone else;
6. threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;
7. causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;
8. unauthorised surveillance of a person;
9. unlawfully stalking a person.

The standard of proof is low and we are experts in assuring the proceedings are controlled in a way that puts you in a position to achieve the desired outcome. As a result, the proceedings are not run in the usual way a criminal proceeding is conducted. That is because the proceedings are not run in the criminal jurisdiction and are civil in nature.

By way of filing an application, The Client can do that as the ‘aggrieved’ or they may be named as a respondent. Children can also be named in the application and subsequent order.

An initial court date will be set and, if contested, adjourned to allow the parties to file material. The court will set directions and the material will usually be filed by way of affidavit. We can assist you with complying with the requirements.

The applicant can be a private person (that is, a party to the relationship) or a Police Officer.

For a person to be involved in a domestic violence proceeding they must be in a ‘relevant relationship’. The definition of relevant relationship is:

1. an intimate personal relationship; or
2. a family relationship; or
3. an informal care relationship.

There are a number of different outcomes that can occur.

Resolution of the proceedings can occur by way of the Court’s intervention or negotiated between the parties. On occasions the proceedings can be resolved by way of the parties entering into an undertaking to behave in a certain way rather than a Court order being made. Other possible outcomes are as follows:

1. each party consenting to an order with certain conditions in relation to behaviour without making admissions as to the conduct that has been alleged in the application;
2. the matter being contested and the court determining that it is not necessary or desirable for an order to be made;
3. the matter being contested and the court determining that it is necessary or desirable for an order to be made.

If the matter is contested, a trial date will be set and the issues resolved at that hearing. We are skilled at cross-examination of witnesses and, if required, we will do so to avoid an order being made if that is what you instruct us to do. We will give you sound and expert advice as the proceedings progress.

Before the matter reaches a trial, the court may impose a temporary order. All orders must be complied with and, if breached, may result in criminal prosecution. If an order is made, it is not a criminal conviction and will not form part of your criminal history.

If you breach the order and you are charged with that breach, we can represent you in those proceedings. They are criminal proceedings and we are experienced in guiding you and providing expert advice.