DOMESTIC VIOLENCE

Domestic and family violence is a significant issue in Queensland, affecting individuals and families across all demographics. It can take many forms, including physical abuse, emotional and psychological abuse, financial control, coercive control, and threats of harm.

The Queensland government has introduced strict laws to protect victims and ensure their safety, particularly in the context of family law matters. The unfortunate side-effect of this is, that some people use the system to gain an advantage in their family law matter, by falsely accusing an ex-partner of committing atrocious acts. This not only has a significant impact on the unjustly accused but diverts very limited resources away from genuine victims who need and deserve help.

If you are experiencing domestic or family violence, or have been accused of perpetrating domestic or family violence, it is important you obtain urgent legal advice. Our team of experienced family lawyers can help you understand your rights and navigate the complex legal process to ensure victims are protected, perpetrators are held to account, and anyone unjustly accused is able to be heard.

Understanding Domestic and Family Violence in Queensland

Domestic and family violence comes in many forms and is defined as behaviour by one person towards another in a ‘relevant relationship’ that is:

Physically or sexually abusive;

Emotionally or psychologically abusive;

Economically abusive (e.g., controlling access to finances);

Threatening or coercive; and/or

Controlling or dominating (which causes a person to fear for their safety or well-being).

Relevant relationships include spouses, de facto partners, former partners, family members, informal carers, and people who are dating (but not yet de facto).

The Domestic and Family Violence Protection Act 2012 provides the legal framework for dealing with matters involving domestic and family violence.

Domestic Violence and Family Law

Domestic and family violence can have a significant impact on family law matters.

Parenting Arrangements and Child Custody

When determining parenting arrangements, the Court must prioritise the best interests of the child. Allegations of domestic and family violence are taken very seriously in parenting matters, as we know exposure to violence can have long-term effects on a child’s emotional and psychological wellbeing.

The May 2024 amendments place a stronger emphasis on protecting children from harm. The Court is now required to give greater weight to the safety of the child and any caregivers when making parenting orders. This includes a thorough assessment of any family violence allegations to ensure that parenting arrangements do not expose children to harm.

If a parent has been violent or poses a risk to a child or the other parent, the Court may:

Restrict or deny contact with the child
Order supervised visitation
Require the abusive parent to complete a rehabilitation program
Grant sole parental responsibility to the non-violent parent

There are systems and processes within the Court to identify matters involving domestic and family violence, and ensure they are treated appropriately at all stages of the family law process.

Property Settlements

Victims of domestic violence may be disadvantaged in financial settlements due to financial abuse or coercion during the relationship. The Court can consider the impact domestic and family violence has had on a victim’s ability to contribute and whether the abuse has affected their earning capacity.

A family lawyer can help ensure a fair division of assets, taking these factors into account.

How a Family Lawyer Can Help

A family lawyer provides essential legal support and guidance to victims of domestic violence, helping them to:

Obtain a Protection Order (known as a domestic violence order, or DVO)

A Protection Order is an Order of the Court designed to protect victims of domestic and family violence by placing restrictions on the perpetrator. A family lawyer can assist in applying for a Protection Order and obtaining a Temporary Protection Order to ensure immediate safety for the victim.

Secure Safe Parenting Arrangements

A family lawyer can help victims of domestic violence secure parenting arrangements that prioritise the safety and well-being of their children. They can present evidence of abuse to the court and argue for necessary restrictions on the other parent’s access if required.

Navigate Divorce and Separation Safely

Leaving an abusive relationship can be dangerous. A skilled family lawyer who knows and understands domestic and family violence can help a victim develop a safe exit strategy, ensuring legal protections are in place before formal separation occurs.

Protect Financial Interests

A family lawyer can assist victims of financial abuse by securing a fair property settlement and access to ongoing financial support such as spousal maintenance or child support. They can also ensure that all assets are disclosed, rather than hidden or misused by the abusive ex-partner.

I’ve Been Wrongly Accused – Can You Help?

The short answer is yes, we can. And do, regularly. Unfortunately, a system designed to protect victims is going to be open to misuse by parties seeking to gain an unfair advantage in another jurisdiction. We regularly represent people who have been accused of acts of violence they simply have not committed, by ex-partners hoping to limit their time with children or achieve a more favourable property settlement than they otherwise might.

We are not downplaying the effect of domestic violence on victims. At all. DV is rampant in our society and is horrific and life-altering for those who experience it. The point we’re trying to make is this – the system is not perfect and is open to abuse by those looking to gain a strategic advantage in the family law jurisdiction.

Regardless of the reason you find yourself in the DV space, we can help. Contact our experienced family law team today for a confidential (and free) discussion.