In Queensland, a person who commits domestic violence is called the respondent and a person who experiences domestic violence is called the aggrieved. The Domestic Violence (Family Protection) Act 2012 (DVFP Act) is the law that governs domestic violence, and how aggrieved persons are protected.
The DVFP Act defines Domestic Violence as behaviour by another person that you’re in a relationship with, that is:
- is physically or sexually abusive to you
- is emotionally or psychologically abusive to you
- is economically abusive to you
- is threatening to you
- is coercive, or
- controls or dominates you and causes you to fear for your safety or wellbeing or that of someone else.
Under Queensland law, domestic violence is recognised in several different types of relationships:
- Spousal – this includes defacto partners, biological parents of a child, or same-sex couples
- Intimate personal – two people in an established relationship, which does not have to be sexual
- Family – related by blood or marriage, or culturally related
- Informal care – an unpaid carer who assists with day-to-day living.
The DFVP Act provides a non-exhaustive list of examples of behaviour that constitute domestic violence (s 8(2)):
- causing personal injury to a person or threatening to do so
- coercing a person to engage in sexual activity or attempting to do so
- damaging a person’s property or threatening to do so
- depriving a person of the person’s liberty or threatening to do so
- threatening a person with death or injury of the person, a child of the person or someone else
- threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person at whom the behaviour is directed
- causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person at whom the behaviour is directed, so as to control, dominate or coerce the person
- following (surveillance) of a person without their consent
- unlawfully stalking a person.
Domestic Violence Orders (DVO)
A Domestic Violence Order, is an order made by the court to stop acts of domestic violence against a person. The order is design to stop a person;
- approaching another person at their home or place of work
- staying in a home they used to occupy with the other person
- approaching another person named in the order such as children or family members,
- going to a child’s school or day care centre.
For the court to grant a DVO, a person must show that;
- they are in a relationship covered by the DFVP Act
- they experienced domestic violence by the respondent (refer to the definition provided above)
- the protection order is necessary or desirable to protect them from future domestic violence (s 37 DFVP Act).
Once a final order is made formalising the DVO, should a person breach the conditions of the DVO, they commit a criminal offence.
Offenders that breach domestic violence orders face a penalty of up to 120 penalty units or 3 years imprisonment. If the offender committed a domestic violence offence within the 5 years leading up to the breach for which they are now prosecuted, they face up to 240 penalty units or 5 years imprisonment.
Do you require assistance with defending a Domestic Violence charge or applying for a Domestic Violence order?
Smith Cambridge Lawyers can give you advice on the best way to progress your matter to either contest the charge or put you in the best possible position prior to sentence to get you the outcome which will allow you the most freedom possible.
