Domestic Violence Lawyers Queensland

Do not contact, attempt to contact, or have someone else contact the aggrieved on your behalf, even if you think you have done nothing wrong. You will be required to attend court within the next few days. Read the application very carefully and make sure that you understand the allegations against you. Contact a solicitor immediately to discuss your options. If you are a current member of the ADF, you must inform your chain of command.

If you are a respondent to a domestic violence order application there are a number of ways in which the matter can be resolved. Firstly, you can consent to the orders being made. If you consent, even without admission, the domestic violence order will be made in the terms stated in the application.

If you do not consent to the orders being made, the matter will be set down for a hearing at a later date. At the hearing the Court determines the merits of the application and decides whether or not a domestic violence order should be made. The applicant, whether that be the police or the Aggrieved person, will produce evidence to support their claims. The Respondent can also produce evidence in support. The Judge or Magistrate will hear the evidence and decide what orders, if any, should be made.

The third way a domestic violence matter might be resolved is through a process called ‘Undertakings’. An undertaking is not a Court order, but is a promise made to the Court, not to commit domestic violence against the Aggrieved person. The advantage of resolving a matter by way of undertaking is that it will save the expense of litigation, the undertaking can be framed in a way so as to protect each individual’s rights and there is no Court order taken out against the respondent.

All parties and the Court must agree to the undertaking before it can be made. Further, a breach of the undertaking is taken very seriously and is likely to result in further Court action. Undertakings are not appropriate in all domestic violence matters, and each matter should be assessed on its merits.

There are two ways an application for a Protective Order can be made. An individual can make an application to the Court themselves or the police can make one on behalf of the aggreived person. The individuals named in the Protective Order may also include children.

Whether you are a victim of domestic violence or a respondent to it, a domestic violence order must be reported to your chain of command. An order made against a member of the ADF can have adverse effects on future service. This is because a domestic violence order usually restricts access to weapons and imposes other restrictions that can affect future employability. March On Legal knows your obligations and can provide experienced specific counsel assisting to respond to any administrative action taken against you by the ADF.