The team at Hodgson Lawyers are experienced in this area of law through appearing regularly in contested matters and are also closely following developments in the law.
In order to attain a Protection Order (aka Domestic Violence Order) in Queensland, the Court must be convinced of three elements: a relevant relationship exists; that domestic violence has occurred; and that an Order is necessary and/or desirable.
Domestic violence is NOT just about physical violence.
It is any incident of controlling, coercive, threatening behavior, violence or abuse between those aged 16 or over who are, or have been intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:
Controlling behavior is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploring their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behavior.
Coercive behavior is an act or pattern of acts of assaults, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim.
Family members are defined as mother, father, son, daughter, brother, sister, and grandparents, whether directly related, in laws or stepfamily.
Whatever form it takes, domestic abuse is rarely a one-off incident, and should instead be seen as a pattern of abusive and controlling behaviour through which the abuser seeks power over their victim. Typically the abuse involves a pattern of abusive and controlling behaviour, which tends to get worse over time. The abuse can begin at any time, in the first year, or after many years of life together. It may begin, continue, or escalate after a couple have separated and may take place not only in the home but also in a public place.
Domestic abuse occurs across society, regardless of age, gender, race, sexuality, wealth, and geography. The figures show, however, that it consists mainly of violence by men against women.
Children are also affected, both directly and indirectly and there is also a strong correlation between domestic violence and child abuse suggesting overlap rates of between 40-60%.