Compassionate and efficient support, legal advice and representation for people experiencing domestic and family violence.
Domestic violence is indiscriminate and can affect anyone. Our team understands the seriousness and sensitive nature of family and domestic violence and provides practical and compassionate legal support to our clients who are experiencing matters of this type.
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The law recognises that personal safety and freedom are essential, and domestic and family violence is unacceptable behaviour that should not be tolerated in society, yet it still happens often.
It is more common than most people may know, with a recent study by the Australian Institute of Health and Welfare indicating that 20% of the country’s population had experienced this type of violence since the age of 15.
Domestic and family violence can take many forms, including:
It can also be challenging to identify in personal relationships in some instances. If the person who is using violence is subtle or covert in their approach or makes the person experiencing it think it’s normal or that they’ve done something to deserve it, it can further complicate the situation.
It’s important to get support and talk to someone as soon as possible if you are in this situation, as domestic violence can escalate quickly, or unexpectedly.
Our Domestic Violence Lawyers will help you through the legal process, ensuring your safety and rights are protected wherever possible. We understand how complex violence in personal relationships can be, and also the devastating effects it can have on individuals or families who are living together or going through divorce, separation or family breakdown at the same time.
If you feel you may be experiencing domestic violence, one of our experienced lawyers can:
If a domestic violence order has been sought against you, one of our experienced lawyers can advise you on your options, including consenting to an order without admission or opposing the order and having the matter heard by a Magistrate.
Our domestic violence lawyers team at Stewart Family Law are highly experienced with the issues surrounding domestic violence and can help you navigate through this challenging and emotional time.
Contact us to arrange an appointment with an accredited family law specialist or an experienced solicitor to obtain advice about domestic violence.
Schedule a Free 15-minute initial consultation with one of our experienced child support lawyers to discuss your situation and explore your options for moving forward.
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In Queensland, orders to protect a person’s safety are made through the Magistrates Courts.
They can also be made by a police officer who attends domestic or family violence matters and feels protection is required urgently.
Please get in touch with a domestic violence lawyer if you need support to make a domestic violence order application or respond to one.
Our team will provide legal advice, explain your options, and ensure you understand the potential consequences of breaching the order.
Our team of family & domestic violence lawyers is available to discuss your circumstances and options.
You can contact us by phone, email, or through our online form to schedule a consultation. If your matter is urgent, or you are in immediate danger, please call 000.
“We know that it can be distressing and overwhelming to legally address violence that is occurring in an intimate personal relationship, even more so when there are children involved. We can assist you with protective orders, attend Court with you and help you navigate domestic violence proceedings.” – Stewart Family Law
To obtain an order, you’ll need to apply to the Magistrates Court, which we can assist you with. Depending on your circumstances, you can seek help from the police, legal services, or support organisations in preparing your application.
In an emergency, contact the police immediately. They can issue a temporary protection order, or you can apply directly to the Court for urgent protection.
Many people who experience domestic violence stay because there is an emotional bond, history or shared children, which is what can make domestic and family violence matters so complex. It’s essential to prioritise your safety by seeking legal protection and support services. Consider protective orders, mediation, counselling, or legal advice to address ongoing issues and ensure the wellbeing of your children.
Yes, it does. Physical violence is only one form of domestic violence, and verbal abuse can have devastating effects, especially when it’s from an intimate partner or family member. Please
If you have been pressured to cancel a protection order by the person you are being protected by or anyone on their behalf, seek legal advice and report the coercion to the police. Your safety is paramount, and support services are available.
You can apply to vary or revoke a DVO at the Magistrates Court if circumstances change. Legal advice can assist in making a solid application, and the Court will need to be satisfied that there is no further safety risk. This is because many people who have an order are threatened or coerced to remove an order when it is not in their best interest.
Yes, your family & divorce lawyer can assist with domestic violence issues, including obtaining protection orders and addressing related family law matters like parenting arrangements and property.
If you believe a protective order has been placed on you unfairly or without genuine reasons for being made, you will need to contest it in Court by presenting your case. Seek legal representation to ensure your rights and perspective are adequately represented.
If served with a DVO, you can agree, contest, or request changes. It’s imperative to get legal advice to understand your rights and options, attend the court hearing, and comply with any conditions set out in the order.
To contest a DVO, attend the court hearing, present your evidence, and potentially cross-examine witnesses. Legal advice is crucial to navigate this process effectively.
Yes, hiring a defence lawyer helps you understand the allegations, the legal process, and the legal implications of the matter.
Court-ordered counselling aims to address abusive behaviour and provide support to victims. It is often part of intervention programs to prevent future violence.
In Queensland, domestic violence laws cover spouses, intimate partners, family members, and informal care relationships. These relationships include both current and former connections.
Domestic violence refers to abuse in intimate partner relationships, while family violence encompasses broader familial abuse, including child abuse and elder abuse.
Yes, family violence can influence parenting arrangements and property settlements, as courts prioritise the safety and wellbeing of children and vulnerable parties.
No, a domestic violence protection order (DVO) is a legal order issued by a court to protect individuals from domestic violence by restricting the abuser’s actions. If it is breached, it can become a legal matter.
No, a DVO is not a criminal charge. However, breaching a DVO is a criminal offence and can result in legal penalties, including fines or imprisonment.
Yes, family courts (Federal Circuit & Family Court of Australia) address domestic violence when making decisions about parenting arrangements and other family matters to ensure the safety of all involved. Protective orders are made in the Magistrate’s Court, and breaches are a criminal matter which will be heard in the appropriate Court.
In Queensland, a domestic violence order (DVO) is similar to a restraining order but specifically targets domestic violence, providing legal protection against an abuser.
Court proceedings for a DVO involve filing an application, a court hearing, and presenting evidence. The respondent can contest, and the Magistrate decides based on the evidence.
Yes, protective orders have an expiration date set by the Court. They can be temporary or final, with final orders typically lasting up to five years. In some instances, orders will be made permanent.
Temporary protection orders usually last until the next court date, at this point, a magistrate will decide on a final order based on the case’s specifics.
Yes, Queensland DVOs are recognized and enforceable in other Australian states and territories under the National Domestic Violence Order Scheme.
A DVO can be rescinded if the Court is convinced circumstances have changed significantly. An application must be made to the Magistrates Court.
Yes, a domestic violence case can be dismissed if there is insufficient evidence or the Court deems the application unfounded or vexatious.
You can make or respond to an order without legal advice or representation. However, hiring a domestic violence lawyer ensures you understand your rights, receive appropriate legal advice, and effectively navigate the legal system.
“I wanted to let you know, Temika – how very grateful I have been to have you represent me over the past few years. You have certainly seen my worst side and kept me sane when I have really needed it! Your professionalism is second to none and I couldn’t have asked for any one better to be on my side! So from the very bottom of my heart thank you!!”
– KD
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