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Domestic Violence
Connolly Suthers domestic violence Lawyers in Townsville are here to help.
With more than 100-years of experience and a long-standing dedication to the Townsville community, our team provides support and guidance on issues to those who have had domestic violence applications made against then, or those who are making domestic violence applications against someone.
We handle both sides of the coin, which means that our team understands the intricacies of Domestic Violence law in Australia and knows how to help you achieve the best possible outcome.
Our domestic violence law services in Townsville include:
- Making an application for a domestic violence order against someone;
- Opposing an application for a domestic violence order made against you;
- Consenting to an order being made without admission;
- Appealing or varying a domestic violence order made against you.
What is domestic violence?
Domestic violence can take many forms including physical, sexual, emotional, or even financial abuse. Domestic violence is not limited to romantic relationships, it can also occur between parents and children, siblings, and other family members or even roommates.
In Australia, domestic violence is classified is a behaviour in a relationship that is:
- Is physically or sexually abusive; or
- Is emotionally or psychologically abusive; or
- Is economically abusive; or
- Is threatening; or
- Is coercive; or
- Controls or dominates another person causing fear for that person’s own safety or the safety of someone else.
If these behaviours ring true, then you may be involved in a domestic violence relationship. Whether you have been accused of any of these behaviours and have had charges put forward or believe that you are experiencing the above behaviours, then it is important to seek expert legal advice.
In what situations can domestic violence occur?
The law in Queensland provides protection for someone if they have suffered or are suffering domestic violence in any of the following types of relationships:
- An intimate personal relationship (married, engaged, de facto or dating);
- A family relationship (children, relatives or parents);
- An informal care relationship (someone who is dependent upon another for help in activities of daily living).
I am a victim of domestic violence. What can I do to stop it?
If you have been the victim of domestic violence and you need to be protected from domestic violence you are able to make an application to the court for an order to protect you. It is important that you obtain legal advice before making an application to ensure that you have the best chance of protecting yourself from any further violence. As soon as the order is made, the person must be well behaved towards you.
My safety is at risk and I need something done urgently. What can I do?
You may be able to make an urgent application to the court for a temporary protection order if you believe your safety is at risk. If you believe your safety is at risk you should contact us immediately so that we can assist you in making an application for a temporary protection order.
Someone else has made an application for a protection order against me. What impact will that have on me and what can I do to prevent it?
As soon as you are served with an application for a domestic violence order you should contact us so that we may ensure that your interests are protected. The court will impose very strict conditions upon you and may even remove you from your home. If you do not follow the terms set down in an order the police could charge you with a criminal offence, so it is best to avoid an order being made against you at all.
If you wish to oppose an order being made you will need to go to court, provide evidence and explain why the order should not be made against you. If you contact one of our lawyers in relation to opposing an application we will be able to prepare the necessary documents and attend court on your behalf, giving you the best chance of success in opposing the orders being sought.
What if I agree to an order being made against me? Should I still see a lawyer?
If you agree with the order being made then you can consent to the order. If you are considering consenting to the order, you should still obtain legal advice before doing so to ensure that you understand what you are consenting to, and how you might be affected by the order.
An order has been made against me. Can I appeal the order or vary its conditions?
We have experience in successfully appealing and overturning domestic violence orders that have been made in various circumstances.
If an order has been made against you and you wish to vary its conditions we can also assist you in applying to the court to vary the domestic violence order.
For advice on Family Law Matters, please call or email:
How often do domestic violence cases go to trial?
In Australia, the vast majority of domestic violence cases do not make it to trial. In most cases, domestic violence is resolved through mediation or other alternative dispute resolution processes.
Ultimately, there is no centralised database that tracks all reports of domestic violence or domestic violence cases in Australia which means that providing a specific number that go to trial is impossible. Just like all law, domestic violence is treated on a case-by-case basis which means that the circumstances surrounding your case will determine whether or not it needs to go to trial.
At Connolly Suthers, we provide advice and representation for clients going through domestic violence matters in Townsville.
Are domestic violence charges ever dropped or dismissed?
Yes, domestic violence charges can be dropped or dismissed. Depending on your circumstances, we can negotiate on your behalf to have charges dismissed or dropped.
For example, if an alleged victim decides not to press charges, then the prosecutor may drop the case. Additionally, if the evidence not sufficient enough to determine whether a crime has been committed, then a judge may dismiss the charges. It is important to note that even when charges are dropped or dismissed, a victim may still pursue a civil domestic violence case against their abuser.
If you have been charged with domestic violence or if you are the victim in a domestic violence case, it is important to seek legal advice to discuss your options. A domestic violence lawyer at Connolly Suthers will be able to review the details of your case and provide actionable advice. Furthermore, a lawyer will help you to navigate the intricacies of Australia’s criminal justice system and ensure that your rights and responsibilities are clearly communicated throughout the process.
What happens if you are charged with domestic violence?
If you or your loved one is charged with domestic violence, then there will be one of two outcomes:
- Bail is offered for a disclosed amount
- Bail is refused
Each outcome will depend on the circumstances of your case. From there, court attendance will be required where you will need to enter a plea of ‘guilty’ or ‘not guilty’. It is strongly recommended that you do not go through this process alone. Irrespective of whether you are guilty or not guilty, it is important to have a domestic violence lawyer in your corner who can help you to navigate the process.
At Connolly Suthers, our team of domestic violence specialists understand the processes and are familiar with local police stations and magistrate’s court. Our team can appear on your behalf to make an urgent bail application or provide urgent on-the-spot advice where required.
No matter your circumstances, don’t go it alone. Speak to a legal professional in Townsville.
