Domestic Violence | Family Court Brisbane

Domestic violence of any shape or form is not tolerated in our community.

What are domestic violence and family violence?

Domestic and family violence involves one person in a relationship using violence or abuse to maintain power and control over the other party in the relationship. It is normally an ongoing pattern of behavior aimed at controlling the other person through fear.

Avoid the legal consequences and seek representation to avoid complications.

The Department of Communities, Child Safety, and Disability Services have listed many forms of domestic violence and this can include:

• physical abuse (including slapping, hitting, punching, pushing, kicking)
• threatening to hurt you, your children, pets, relatives, friends, or work colleagues
• threatening to disclose your sexual orientation to other people against your wishes
• threatening to, or depriving you of your liberty (including locking you in the house so you cannot go out)
• stalking (including constantly following you by foot or car, constantly calling you by phone, text message, and email, or staying outside your house or workplace). Stalking is a criminal offence in Queensland.
• damaging property to frighten and intimidate you (including punching holes in walls, breaking furniture, harming pets)
• emotional abuse (including criticising your personality, looks, the way you dress, saying you are a bad parent or threatening to hurt you, your children, or your pets, or threatening to damage personal items you value)
• verbal abuse (including yelling, shouting, name-calling, and swearing at you)
• sexual abuse (including forcing or pressuring you to have sex or participate in sexual acts)
• financial abuse (including taking control of your money, not giving you enough money to survive on, forcing you to hand over your funds, not letting you decide how it is spent)
• threatening to stop providing care for you if you don’t do what you are told (this sometimes happens to an elderly person or a person with an illness, disability, or impairment who relies on another person to care for them)
• social abuse (including controlling where you go, not letting you see or have contact with your friends or family)
• depriving you of the necessities of life such as food, shelter, and medical care
• spiritual abuse (including forcing you to attend religious activities against your wishes or stopping you from participating in the religious or cultural practices of your choice)
• threatening to commit suicide or self-harm to torment, intimidate or frighten you

Effect on Children

Domestic violence can be very damaging to children in a family that is subject to this form of behavior. It can have an ongoing and permanent effect on their interaction with other children, their schooling, and later relationships with other persons.

The Department of Communities, Child Safety, and Disability Services have recognised certain behaviors that children may show if they are being affected by domestic and family violence which include:

• copying the abusive or violent behavior
• sleeping difficulties such as nightmares
• trying to intervene to stop the abuse (this is how some children become injured during domestic and family violence incidents)
• being stunned into a terrified silence by what they see
• blaming themselves
• being afraid, angry and depressed
• bullying others or being bullied by others
• being cruel to animals
• regressive behaviours like bed wetting and thumb sucking
• being nervous and withdrawn
• changes in behaviour and/or academic performance at school
• displaying psychosomatic illnesses including unexplained headaches, asthma and stuttering
• running away from home
• attempting suicide or self-harm
• abusing alcohol and substances (in older children).

Domestic violence is controlled through the Magistrates Court of Queensland and in other State Courts in Australia.

Who can apply?

• the person experiencing the domestic and family violence (the aggrieved)
• someone else, for example a solicitor or social worker, can apply on behalf of the aggrieved with the aggrieved person’s consent
• a police officer attending a call out due to an incident of domestic and family violence. The consent of the aggrieved is not required for a police application
• someone acting under another Act for the aggrieved, for example, a guardian for a personal matter, or an administrator for a financial matter under the Guardianship and Administration Act 2000
• the Adult Guardian can apply if they believe that the aggrieved needs legal protection but does not have the capacity to apply for a protection order
• someone who is appointed as the attorney of the aggrieved under the Powers of Attorney Act 1998 and who makes the application under the enduring power of attorney.

Orders can be issued by the Court on a temporary or permanent nature. The general order made by the Court is:

1. The respondent (the person who uses abuse or violence) must be of good behaviour towards the aggrieved (the person who needs the order to protect them) and not commit domestic violence
2. If a named person is specified in the order the respondent must be of good behaviour towards the named person and not commit an act of associated domestic violence against the person.

Other orders can be made by the Court confiscating fire arms, removing a party from the family home, limiting the powers of a party to contact the person affected by the domestic violence including children and orders prohibiting a party from being in the vicinity of the family home, the work place of the other party or contacting the party by any means.

What are the police powers in relation to this?

The role of the Queensland Police is to respond to threats or incidences of violence and bring the matter before the Court. Many police officers are called to domestic violence incidents by victims or concerned neighbors.

 

The first priority of a police officer called to an incident is to ensure the safety of the parties involved.

A Queensland Police publication advises that:

If a police officer reasonably suspects an incident of violence (including physical, sexual, verbal or financial abuse; damage to property; harassment or intimidation; or threatening to do any of these), it is their duty to investigate the matter thoroughly.

This investigation may include:

• Separating the parties
• Asking personal questions — such as the history of the relationship and the reason for the present problem™
• Searching the premises for anything associated with causing injury or harm
• Removing the person using domestic violence and placing them in custody for up to four hours.

Can I make my own domestic violence application?

If the police are involved and if the police bring an application on behalf of a person who has suffered domestic violence then the Prosecutors of the Police Department will represent that party in domestic violence proceedings.

However a party may have their own lawyer engaged to bring the domestic violence application on their behalf. The lawyer can draft the necessary application ensuring that it contains all relevant information that the Court will require to consider that application. The lawyer can represent the party in all aspects of the application and the subsequent hearings in the Court.

At Family Law, we have the knowledge and experience to advise and guide our clients through the many and varied intricacies associated with domestic violence proceedings. We will draft the necessary documents to ensure they set out all relevant circumstances to comply with the legislation requirements to achieve the best outcome and to represent our clients in domestic violence Court proceedings. We are only too happy to act on your behalf in this regard.

Article Source: Domestic Violence

THE CHANGING FACE OF DOMESTIC VIOLENCE IN AUSTRALIA

 

Good on you Bettina Arndt

Setting out the true facts in regard to DOMESTIC VIOLENCE

Bettina wrote in Weekend Australia dated 09/10 July 2016, “for years now all the key players in our well-orchestrated domestic violence sector have been singing from the same page, happily accepting government funds to promote the idea that domestic violence is all about dangerous men terrorising their partners”.

Where have all the hundreds of millions of dollars gone that Turnbull has boasted about going towards government funded domestic violence organisations?

Where have the monies gone?

Bettina goes on to say, “what started out as a sensible campaign to raise money for an important cause – providing support for battered women – has morphed into a huge propaganda industry determined to promote a simplistic male – blaming perspective on this complex social issue”.

Bettina refers to the powerful female bureaucrats running these thriving organisations which downplay statistics demonstrating the women’s role in family violence and which organisations promote the myth that the only way to tackle domestic violence is through teaching misogynist men (& boys) on behalf of themselves. Bettina goes on to say, “never mind that this flies in the face of the huge body of research showing most family violence involves aggression from both partners and that sexist attitudes are not a major risk factor for domestic violence in western countries such as Australia”.

Bettina in her article refers to Jim Ogloff a world-renowned researcher on violence who is in charge of research at the Victorian Institute of Forensic Mental Health. He warned the Victorian Royal Commission into Family Violence that it was misleading to suggest domestic violence was caused by patriarchal attitudes, that at least a third of family violence cases involved violent women and that family violence showed high levels of violence in both male and female partners. Violence in a relationship is unacceptable irrespective of gender.

Family violence involves a complex array of behaviors.

The fact is that a significant proportion of family violence against children is perpetrated by women – and this goes largely unreported.

It is our view that the misguided politicians have upped the vote-catching chant and have further distorted the true position in regard to domestic violence. It is not a gender issue. Women are also to blame. It must be treated in its true context of domestic violence is to be eradicated from our society. Solely blaming men is not the answer.

Certain sections of the Judiciary have also fallen into the misconception that men are to blame. It goes both ways. It is too easy for women now to claim domestic violence and have the fathers pulled out of their children’s lives with the devastating consequences of the children being alienated from their father figure. It could have serious consequences for young children in their later lives in forming stable relationships with their own families.

The sooner that domestic violence-related causes are dealt with within their true context the better it will be for all concerned.

Please check out some other articles on Domestic Violence below:

• Men and Domestic Violence
• Dedicated Domestic Violence Court Pt 1
• Dedicated Domestic Violence Court Pt 2
• How To Protect A Child From Domestic Violence

Article Source: THE CHANGING FACE OF DOMESTIC VIOLENCE IN AUSTRALIA

NEW DEDICATED DOMESTIC VIOLENCE COURT AT SOUTHPORT: GOOD NEWS FOR WOMEN OR MORE TROUBLE FOR EQUAL RIGHTS? PART 1

 

During 2014 the then-Premier, Campbell Newman commissioned former Governor-General Dame Quentin Bryce to draft a report on the prevalence of domestic violence in Queensland.  The resulting Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland report was delivered to now Premier Annastacia Palaszczuk, at Parliament House in Brisbane recently.

The state government has announced that a dedicated domestic violence Court will be established at Southport on the Gold Coast in an attempt to provide access to justice for victims of domestic violence.

With a 20% rise in domestic violence incidents reported to police last year over the previous year I think everyone agrees that the more avenues for victims of domestic violence gain access to justice and protection the better!

The importance of stamping out domestic violence in our society is of the highest priority.  Such initiatives as the long-running White Ribbon campaign highlight the plight of the victims of domestic violence and sets out to bring out into the open the real dangers many people face.  Long-time supporter and ambassador of the campaign and Rugby League tough guy, Gorden Tallis is clearly a thoughtful choice to highlight to the community that we should all be embarrassed by the high levels of domestic violence in our Australian community.  The message is clear: Tough guys don’t abuse women.

It’s not only men

While women are more likely to experience domestic violence it is common for our Family Law practice to act for men who are victims of physical, verbal, and emotional abuse on a regular basis.

It is very often the case that people who are subject to domestic violence end up in a cycle of violence where certain events or stressors trigger the violence and the violence is repeated time and time again.  This can leave victims feeling powerless due to the imbalances in a domestic relationship related to strength, size, or simply the aggressive nature of the perpetrator.

So for all victims of domestic violence, the heralding of a specialist domestic violence Court to deal only with this worrying phenomenon is great news.  The dedicated Court will mean that the judicial staff who will be at the coal face of the problem, dealing with the real-life accounts of domestic violence will be well equipped to handle the difficult decision that comes with the job.

Should the pilot Court be a success it would seem likely that other dedicated domestic violence Courts may be considered in regional centers around Queensland and hopefully the rest of the country so that victims of domestic violence can have their sometimes life-threatening matters dealt with as quickly as possible.

Keep an eye out for next week’s installment of Charles Noble’s domestic violence court update.  “The Cons of greater access to domestic violence orders: What about those who are not victims of domestic violence and claim to be?  What are their motivations and how does it affect those around them”

Article Source: NEW DEDICATED DOMESTIC VIOLENCE COURT AT SOUTHPORT: GOOD NEWS FOR WOMEN OR MORE TROUBLE FOR EQUAL RIGHTS? PART 1