Our Brisbane lawyers are here to assist you with applying for or responding to a protection order, as well as supporting you for all matters related to domestic violence.
We understand that dealing with matters of safety and protection in the context of family law can be overwhelming. Our compassionate and skilled team of protection order lawyers is dedicated to helping you through the process of obtaining or responding to protection orders.
Our focus is on safeguarding your rights and ensuring your safety while assisting with any other family law matters that may be affected by family violence. Our team will guide you through each legal step to achieve a resolution that brings peace of mind and security to you and your loved ones.
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At Stewart Family Law, we understand that managing protection orders and domestic violence matters can be complex and emotionally challenging. Our team is here to guide you with compassion and expertise, ensuring your safety and legal rights are protected.
Whether you need help obtaining a protection order, responding to one, addressing urgent safety concerns or resolving parenting or property matters while dealing with family violence concerns, we’ll work closely with you to develop the best course of action and achieve a positive outcome.
When your safety is at risk, securing a protection order can be a crucial step in protecting yourself and your family. Responding to protection orders can also be difficult, especially if the allegations are disputed.
Judy Stewart, Director of Stewart Family Law, is an Accredited Family Law Specialist with over 20 years of experience across all family law matters, including handling domestic violence and protection order cases. Judy focuses on delivering tailored solutions to safeguard your wellbeing while navigating the inherent challenges of the legal process.
With a double degree in law and justice, Lauren Holm has practised predominantly in family law since her admission in 2013. She understands the emotional toll family law and domestic violence matters can take and is passionate about supporting client’s through by providing practical, efficient advice. Lauren is dedicated to providing practical advice and achieving the best bigger picture result for the client.
Our team works to resolve your concerns efficiently, exploring options to avoid court proceedings wherever possible. However, if going to court becomes necessary, such as in matters of applying for and responding to domestic violence protection orders, you can trust that our extensive experience will ensure you have strong, expert representation to achieve the protection you deserve.
If you have concerns about protection orders or domestic violence, reach out for support from our experienced team. Whether you need expert legal advice or assistance navigating the court process, we’re here to guide you through every step with care, expertise and unwavering support.
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Obtaining a family or domestic violence protection order involves the following steps:
The court may also consider the best interests of children and offer additional support services for applicants who feel unsafe. Our experienced Brisbane team of protection order lawyers can help you navigate this process and ensure your rights are protected.
An abusive relationship or domestic violence (DV) can include various harmful behaviours, such as:
If you’re experiencing any of these behaviours, it’s important to seek support from experienced support services or domestic violence lawyers. Domestic violence is a serious issue, and protection is available through legal and support services.
Domestic violence and domestic violence proceedings can significantly impact family law proceedings. The court will consider any history of domestic violence when making decisions about parenting arrangements, property settlements, and spousal maintenance. If there is a history of abuse, it may affect the parenting orders, such as limiting or restricting contact between the abusive parent and children. Additionally, any violence or threats may be a factor in determining financial settlements, particularly if one party has been financially controlled or abused.
If your ex-partner repeatedly breaches a domestic violence order (DVO), they can face serious legal consequences, including fines or imprisonment. Many breaches of protection orders are a criminal offence in Queensland. You should report any breaches to the police, who can take action. The court may also impose stricter conditions on the order or impose more severe penalties on the respondent for failing to comply.
The Family Violence Protection Act is a law that provides legal protection to individuals experiencing family violence. In Queensland, the Domestic and Family Violence Protection Act 2012 is the relevant legislation that allows individuals to apply for protection orders to prevent further harm from an abuser. The Act defines family violence, outlines how protection orders are granted, and ensures that victims are safeguarded through legal measures, including police intervention and court orders.
Yes, a domestic violence order (DVO) can protect not just the applicant (the person seeking protection) but also children, family members, and other individuals named in the order. The order can include provisions to prevent contact or harm from being directed towards these individuals, aside from the person they are in an intimate personal relationship with. Get in touch with our domestic violence lawyers for more information on how orders can be extended to your friends and family members.
If you’re worried that violence may escalate after taking out an order, there are other options for your safety. You can contact the police for immediate protection or a Police Protection Notice. Creating a safety plan with emergency contacts and safe places is also vital. Accessing domestic violence counselling and reaching out to trusted family or support services can provide both emotional support and practical steps. A family violence lawyer can guide you through these options.
If the respondent doesn’t attend court or cannot be found, the court may proceed in their absence and potentially grant the protection order. If the respondent is unreachable, alternative methods of serving documents may be used, such as posting or publishing a notice. Interim orders can provide temporary protection, and if necessary, a warrant for their arrest may be issued to ensure compliance with the order.
No, a Queensland protection order is valid throughout Australia. Under Australian law, protection orders made in one state or territory, such as Queensland, are recognised and enforceable in all other states and territories. If you have a protection order in Queensland and move to another state, you can still seek protection under the same order. The order will be enforced by local police, and any breaches will be dealt with according to the laws in the state or territory where the breach occurs.
In Queensland, a domestic violence order (DVO) can last up to 5 years but can be extended in some cases. The duration will depend on the circumstances and the risks involved.
A police protection order is an immediate, temporary protection issued by a police officer when they believe a person is at risk of domestic violence. This order can be made without the applicant needing to go to court. It provides immediate protection, and the police may issue a temporary order until a formal court hearing is held.
If you have been falsely accused of family violence, you have the right to contest the application for a domestic violence order. You can present evidence and witnesses to support your case. Legal representation from a family lawyer can assist you in defending against the allegations and help prevent an order from being made against you.
If a domestic violence order is made against you and you disagree with it, you can appeal the order. The appeal must be filed with the District Court or the Magistrates Court. The court will review the original decision, and if it finds the order was made in error, it may vary or revoke it.
Please note that strict time frames may apply and you should seek legal advice as soon as possible.
If you have been found to have committed domestic violence, it may impact your parenting plan or parenting orders. The court may reconsider the existing arrangements, particularly if they pose a risk to the child’s wellbeing. In serious cases, contact with the child may be supervised or even prohibited.
The application for a domestic violence protection order is generally free in Queensland. However, if you need to pay for legal representation, that could incur costs. Some people may be eligible for Legal Aid Queensland to assist with legal costs.
In Queensland, a DVO (Domestic Violence Order) and restraining orders are terms often used interchangeably, but DVO refers specifically to domestic violence-related protection orders while restraining orders can be used in various other contexts, such as civil matters or harassment.
A TPO (Temporary Protection Order) lasts until a further order is made or the Application is finalised by way of consent or a final court order.
A no-contact order is a provision in a protection order that prohibits the respondent from contacting the applicant or any other protected person. This can include phone calls, emails, physical contact, or any form of communication.
The court will grant a domestic violence protection order if the applicant can prove that domestic violence has occurred or that there is a risk of violence in the future. Grounds for a protection order include physical violence, threats, intimidation, emotional abuse or psychological abuse, and economic control.
For any of these situations, legal representation is strongly advised. Lawyers specialising in domestic violence can help you understand your rights, navigate the process, and achieve the best outcome for your safety and wellbeing.
If a domestic violence order (DVO) is not preventing the violence, you can take immediate action by contacting the police. They can enforce the order and potentially arrest the perpetrator if they breach the terms. You may also apply for a new order or request additional restrictions from the court. Document any breaches, seek counselling, and consider applying for further protection to strengthen your safety measures. Reach out to support services for guidance and crisis intervention.
If a domestic violence order has been placed on you, it is essential to comply with all conditions outlined in the order to avoid legal consequences. If you wish to challenge the order, seek legal advice to understand your rights and options. You may also consider appealing the decision if you believe the order is unjust. Attending the scheduled court hearing is crucial, as it provides an opportunity to present evidence and challenge the order if necessary.
“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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