Domestic violence is a serious crime, and you should treat it as such. It can impact you mentally and physically. People who face violence at home experience depression, anxiety, post-traumatic stress disorder (PTSD), and suicidal thoughts.
In 2021, the city of Gold Coast recorded around 3,175 domestic violence order breaches, according to the data released by the Queensland Police. In 2010, that number was 647, showing an alarming increase in such cases within a few years.
You should seek legal help from Attwood Marshall Lawyers in Gold Coast or any law firm regarding your children’s safety or the safety of your personal property. Your lawyers will help you file an Application for Protection Order (applicable for Queensland).
You must never ignore the situation or hope for it to resolve with time, because it usually doesn’t happen. Once you let the situation spiral out of control, it only worsens.
What are the reasons for contacting a lawyer, and how can they help you? What are some things related to this matter you should be aware of?
What is an Application for Protection Order?
As per the Domestic and Family Violence Protection Act, 2012, victims of family violence in Gold Coast City can apply for an Application for Protection Order in Queensland. Once your lawyer completes and submits the application to the Court, they will instruct the offending party to avoid displaying such behaviour.
However, if the offender fails to comply with the Court’s instructions, the police will take action against them, with the matter moving to a Criminal Court.
How does the law define domestic violence?
According to the Queensland Legislation, domestic violence involves behaviour that makes you feel scared, threatened, or denied certain freedoms. It includes a pattern of conduct meant to establish control over another person. Domestic violence is scary because the chances of an assault happening at any time are high.
Types of violent behaviour might include psychological, financial, and emotional abuse, stalking, instilling fear, and sexual assault. The Queensland Government also intends to make coercive control a criminal offence by the end of 2023, in what many believe to be a historic decision.
How does a Domestic Violence order help?
An order of this type will prevent the offender from approaching you at home or the workplace, staying under the same roof, preventing the offender from coming within 100 metres, or visiting a child’s daycare centre.
Your attorney will file the application in the Magistrates Court in Gold Coast City, after which the Court will hold several short appearances called “mentions”. The offending party could accept the application while rejecting the charges or oppose the application by hiring legal help.
During the hearings, your lawyer will present the evidence of domestic violence before the Court, proving that you were the victim of mental and physical assault at home. The magistrate will reach a final decision after hearing both sides’ arguments.
In such cases, the Court has the option of not following the rules of evidence. Instead, they should be satisfied that the assault charges against the offender are true.
What to do if you’re in immediate danger?
If your partner could assault you anytime, you should contact the Gold City Police Department immediately, followed by your attorney. The police will take the offender from your home and prevent them from returning. `
You should take legal help from Attwood Marshall Lawyers in Gold Coast or a similar law firm if you have faced domestic violence at home. They will provide you with legal protection from the offender and ensure you receive justice in the Court.