Domestic and family violence has become an increasing trend in recent times and the current global pandemic that we are experiencing has seen an increase in the number of domestic and family violence cases. Many families are experiencing domestic and family violence for the first time and there are many victims who are now spending all day, every day with their abusers.
Domestic Violence can be any of the following:
- Physical abuse
- Emotional abuse, name calling, put downs, intimidation
- Psychological abuse
- Financial abuse
- Threat to self-harm or commit suicide
If you believe you are the subject of domestic and family violence there are ways to help protect you and your family. You (or us for you) may apply for a Protection Order (DV Order) from the Court. A Protection Order can be sought by an individual (a private application) or on your behalf (usually by the Police).
Or have you been served with an application for a Domestic Violence Protection Order?
If you have been served with an application there are a number of legal options available to you:
- Consent – means that you agree with the facts within the application.
- Consent without admission – means that you are agreeing to the application being made but do not agree to the facts.
- Negotiate an Undertaking – an agreement that you will not commit any acts of domestic violence towards the other person.
- Do nothing – this is not an option, as failing to engage with the process and/or failing to appear at Court once you have been served can see the Magistrate make a finding of fact in your absence.
- Contest the application – If you disagree with the aggrieved’s application, you can have the matter set down for a hearing.
Having a Protection Order naming you as the respondent is not a criminal offence in itself, but once you breach any of the conditions contained in that Protection Order it becomes a criminal offence and will require you to go before the court. Being named as a respondent on a Protection Order can also impact any parenting matters that may be pending or that are currently in place.
Due to the serious nature of domestic violence applications and the implications that may arise should an Order be made against you it is important that you obtain independent legal advice before making any decisions.
We offer a free 15-minute telephone consultation. You can contact us to speak to a lawyer who can assist you with your Domestic Violence matter.
For any protection order enquiries, please contact the team at Miller Sockhill Lawyers Maroochydore.