Where there are issues of family violence, a party who is aggrieved can apply for a Domestic Violence Order through the Magistrates Court.
In order for the Court to make a Domestic Violence Order in Queensland, they must be satisfied that a relevant relationship exists, that an act of domestic and/or family violence has occurred and that the making of an Order is desirable and/or necessary.
Family violence is an area that is taken seriously by the Courts.
There it is often a misconception that domestic violence occurs only if physical or sexual abuse is present in a relationship. Domestic violence can be found to exist if there is emotional or psychological abuse, economic abuse, threatening or abusive behavior or any behavior that controls or dominates the second person and causes the second person to fear for their safety or wellbeing. Under the legislation, domestic violence can be defined as reading a person’s text messages, monitoring a person’s email account or internet browse history, using a GPS device to track a person’s movement.
At Best Wilson Buckley Family Law, our solicitors are experienced in dealing with issues of family violence and the sensitivities surrounding this area. We can also assist our clients with referrals to related professionals such as trusted counsellors who can help those dealing with the effects of family violence. Our family lawyers can assist you in drafting the relevant Court Application. We can also provide you with representation during the proceedings.
Alternatively, if you require assistance responding to a Domestic Violence Order Application, we also can help.