If you or someone you know is experiencing domestic violence in Brisbane, it’s important to understand that help is available and the law is on your side.
Victims of domestic violence have several legal protections under Queensland law, designed to keep them safe and provide a pathway forward.
Summary: This article explains the legal rights of domestic violence victims in Brisbane, including how to apply for a Domestic Violence Order (DVO), what protections are available, and how the legal system can assist in keeping you safe. We’ll also answer some common questions and explain how family law may be affected by domestic violence.
Understanding Domestic Violence in Queensland
Domestic violence isn’t limited to physical abuse. Under Queensland’s Domestic and Family Violence Protection Act, it also includes emotional or psychological abuse, economic abuse such as withholding money, threats, coercion or controlling behaviour, damage to property, and stalking or harassment.
Importantly, you don’t have to be married or in a current relationship to seek protection under the law. Former partners, family members, and even informal carers may be covered, depending on the nature of the relationship and behaviour involved.
Applying for a Domestic Violence Order (DVO)
A Domestic Violence Order is a court-issued document designed to stop further abuse. There are two types of DVOs in Queensland:
- Temporary Protection Order – granted quickly to offer immediate safety
- Final Protection Order – longer-term protection, usually lasting five years
To apply, you can:
- Contact the police (they can apply on your behalf)
- Apply directly at a local Magistrates Court
- Seek legal help to guide you through the process
The court can add specific conditions to keep you safe, such as preventing the abuser from approaching you or contacting you in any way.
Your Legal Rights and Protections
If you’re a victim of domestic violence, your rights include:
- The right to apply for legal protection (a DVO)
- The right to stay in your home (in some cases)
- The right to be protected from further harm or harassment
- The right to have family law matters heard with consideration to the domestic violence
In parenting and custody matters, the court places the highest priority on the best interests of the child, and safety is central to this.
Family Law and Domestic Violence
Domestic violence can have a serious impact on family law decisions in Brisbane. For example:
- Parenting arrangements: If there is a history of violence, the court may limit or supervise contact with children.
- Property settlements: The court may consider how the violence affected your financial situation or earning capacity.
- Mediation requirements: Victims may be exempt from family dispute resolution requirements in certain cases.
What Should You Do If You Need Help?
If you’re in immediate danger, call 000.
Otherwise, it’s best to speak with a family lawyer who understands domestic violence cases. They can help you apply for protection, work through family law matters, and make sure your safety comes first.
We Can Help You
If you’re dealing with a domestic violence matter in Brisbane, the team at Simonidis Steel Lawyers is here to provide respectful, confidential, and practical advice tailored to your situation.
Let us help you take the next step safely and with confidence. Contact us today to speak with a family law expert.
Key Takeaways
- Domestic violence includes emotional, financial, and psychological abuse not just physical harm.
- Victims have the right to legal protection through Domestic Violence Orders (DVOs).
- The court prioritises safety, especially in family law cases involving children.
- You don’t have to face the legal process alone, support is available.
FAQs
Do I need to go to court to get a DVO?
Not always. The police can apply on your behalf, and temporary protection orders can be made without you attending court, depending on the situation.
Can a DVO affect parenting arrangements?
Yes. The court will consider any DVOs in place when deciding what’s best for the child, and may limit contact with the other parent if necessary for safety.
What if I’m scared to report abuse?
You’re not alone. Speaking with a trusted lawyer or support service can help you understand your options confidentially and safely.
