Domestic & Family Violence Lawyers in Brisbane, Queensland

Domestic Violence is so much more than physical violence. Domestic Violence comes in many forms. Stockey Pagano Lawyers has extensive experience seeking and obtaining protection orders against respondents without alleging physical violence. Domestic Violence can be a complex area of law, if you believe you have suffered domestic violence we encourage you to contact our office to discuss your matter immediately.

Domestic violence is not limited to assault or physical violence. It can take a number of forms. Threatening to harm you, damaging or threatening to damage your property, intimidation, stalking or harassment and emotional, verbal and financial abuse are all examples of domestic violence. Any behaviour designed to intimidate you or make you feel unsafe falls into the category of domestic violence and should be treated as such. At Stockley Pagano, we work with survivors of all kinds of domestic violence.

Domestic violence can include:

• physical or sexual abuse
• emotional or psychological abuse
• economic abuse
• threatening behaviour
• coercive behaviour
• behaviour that in any way controls or dominates or causes a person to fear for their personal safety or wellbeing by one person towards another person

Domestic violence orders (DVOs) are official documents issued by courts to stop acts of domestic violence. The ‘aggrieved’ is the person who needs protection from domestic violence, and the ‘respondent’ is the person from whom the aggrieved seeks protection.

The application for DVOs can be made not only by the aggrieved but also a police officer, solicitor, a family member, the guardian or power of attorney of the aggrieved, or a party to a child protection proceeding (in the Children’s Court).

A temporary protection order (TPO) – a short-term order issued to protect an aggrieved person from domestic violence until the application is decided by the court. TPOS can be made without the knowledge of the respondent and a request can be made that the matter be considered on an urgent basis, even on the same day. A TPO can be granted if the court is satisfied that:

• The aggrieved person is in a relevant relationship covered by the law; and
• At least one act of domestic violence has been committed

Final protection orders – in addition to the above conditions, if the court is satisfied that the order is necessary or desirable to protect the aggrieved, their children and any other people named in the application, a final protection order can be granted. Final protection orders usually continue for five years and can be made:

• After a court hearing where all parties are present
• By parties agreeing to the order being made
• If the respondent does not attend or participate in the court process

Should circumstances change, either party can seek to change the order. This could mean a change to a condition, the time frame of the order or the people named in the order

DVOs are civil court orders and they will not appear on a respondent’s criminal history. However, contravention of any DVO is a criminal offence. If charged successfully, this will appear in the respondent’s criminal history.

If a DVO is made in Queensland, it can be registered and enforced in all Australian states and territories and in New Zealand. Similarly, a DVO made in another Australian state or territory or in New Zealand can be registered for enforcement in Queensland.

DVOs can also have consequences for employment and any related proceedings, such as:

• Required disclosure of the DVO to a professional body
• Negative impact on a family law matter or child protection proceedings, on issues like child custody arrangements
• Suspension or cancellation of your weapons or security licence