Best Guide On How To Stop A Recovery Order Effectively (Parent Guide)
Having your child removed from your care by some other party is a scary and confusing situation to have to
April 23, 2024
No Comments
Domestic Violence Lawyers in Sunshine Coast
"You may feel weak, but the strength to leave is within you. Within you is the strength to overcome and achieve that which you deserve."
- From Stories of Survivors
Download Our Free Divorce Guide
Get expert advice on navigating your divorce with ease and confidence.
Domestic and Family Violence Lawyers
Keeping you safe
Everyone has the right to live without fear of violence or abuse. If your partner, or a person’s family member, has threatened or committed domestic violence against you or your children, get help from the police. Call (07) 5616-8580 if you think you’re in immediate danger, or call our office for more information on how our domestic violence lawyers can help.
It’s important to understand that you don’t have to face this alone. There are avenues of support available to help you remove yourself from the situation. To that end, family law firms such as ours are here to help.
What is domestic violence?
While many people think domestic violence only extends to physical violence, it actually encompasses any behaviour that aims to control or dominate an intimate partner. This may include:
- Physical or sexual abuse;
- Emotional or psychological abuse;
- Economic abuse, like controlling funds;
- Threatening behaviour;
- Coercive behaviour;
- Attempts to isolate you from family or friends;
- Controlling your movements;
- Insisting on knowing your location at all times.
What can you do if you're experiencing domestic violence?
Apply for a domestic violence protection order
Complete the form ‘DV01 – application for a protection order’;
Sign the statutory declaration in the presence of a Justice of the Peace;
File the application at a Magistrates court.
Tips when applying for domestic violence orders
Include as much information as possible in your application, like what violence or threats were made, where the incidents occurred, and when. You can list your children’s names in the order to have them covered by it as well.
Once protection order applications are made, the police will serve them on the person committing the acts. This is so they may know what’s been said and respond in the local court.
Protection orders are generally in effect for five years unless otherwise stated in the order itself.
Breaching a protection order
A protection order is legally binding, and it is an offence to breach them. Such offences are punishable by imprisonment of up to three years the first time it occurs and up to five years imprisonment for a subsequent breach.
Domestic violence laws are codified in the Domestic and Family Violence Protection Act 2012, which provides protection orders. These orders work in concert with other family law orders, and the Magistrate will consider all orders in place when deciding on a domestic violence order.
Apply for an urgent temporary protection order
Suppose you think you are in immediate danger and cannot wait for a domestic violence order to be provided by the Magistrate. In that case, you can apply for a temporary protection order, ensuring you are protected while the court is undergoing the protection order process.
As the name suggests, temporary orders are only in effect for a short time. They are removed once a decision has been made on a full protection order.
Ask the police to file domestic violence charges with the person being violent
If you’re experiencing family violence or any domestic violence matters, call 000 and ask law enforcement to charge the offender. They may be charged with:
- Stalking
- Sexual Assault
- Grievous bodily harm
- Intimidation
- Harassment
Officers can also issue police protection notices on the spot while a full protection order is made in court.
Do I need legal advice?
You may need legal advice if:
You or your children are at risk of domestic or family violence or abuse. In these circumstances, involving law enforcement and the courts will be necessary;
You need help to work out a plan to leave a relationship safely;
You had an order interstate or overseas and want to register it in Queensland;
You want to apply for a domestic violence protection order;
Someone has applied for a domestic violence protection order against you. It’s important not to unintentionally make the situation worse, and only respond through the appropriate channels. Our lawyers can assist you with this;
You have been issued with a police protection notice;
You want to change a domestic violence protection order. A number of changes can be made to an existing order, such as:
- adding conditions;
- altering the duration of the order;
- adding or removing people named in the order.
You had an order interstate or overseas and want to register it in Queensland;
- Protection orders issued within Australia after 25 November 2017 are automatically recognised;
- The only foreign orders that may be registered in Queensland are those made in New Zealand.
Contact a Domestic Violence Lawyer Today
At Shanahan Family Law, we work hard to get our clients the best possible result at the most challenging times in their lives, whatever their needs are.
When dealing with domestic and family violence cases, many additional family law matters may come into play. These can include reconsidering parenting arrangements, child custody, and initiating divorce application proceedings. With the help of experienced domestic violence lawyers and our comprehensive legal services, you can start a new life path sooner than you think.
Joint applications for divorce
Let's work together
Even a joint divorce application can be daunting, let alone when you’re considering filing for a divorce online. Perhaps you have questions about submitting your application to the courts, or you aren’t sure where to start. We’re here to help guide you through the process.
Interested in chatting more about a joint divorce application?
Meet The Owner
Luke Shanahan
Principal Solicitor
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law expert, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with child support, parenting matters, divorce, property consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.
As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their family law services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce, then we will do everything we can to ensure our client’s success through whatever means.”
Take a look at what our clients say
Testimonials
Robert Johnston2023-12-18I was very happy with my experience at Shanahan Family Law. Danyelle guided me through the property settlement and a satisfactory outcome was reached. This was achieved without going to mediation or court.
Diana Homer2023-09-28Very professional, supportive and respectful in all communications and responsibilities. I found their team very patient when challenges occured and kept me informed at all times. Highly recommend them, for personal legal requirements.
Jodie Hickson2023-08-31Many thanks to the hard working team at Shanahan law. All such professionals.
Trace Mcnamara2023-08-30I was pleasantly surprised from the very beginning with my experience with shanahans family law ,from the reception staff at shanahans ,who were lovely and tentative and at how comfortable and at ease Danielle O’Connor from shanahans family law made me feel from Our very first phone consult to attending court with me each time , Danielle constantly reassured me that she had things taken care of and not to worry about anything ,she kept me calm and relaxed about things at a time when my anxiety level was very high , but certainly not after meeting up with Danielle each time , Danielle was always punctual bright and cheerful and Danielles compassion for her clients shines through ,her passion for her work is very obvious , Danielle ALWAYS went out of her way to reassure me everything was ok like a long lost friend not just once but every single time without fail ,Danielle is just so lovely to be around her compassion, personality ,demeanour and easy going nature makes it a pleasant experience just being around her ,watching Danielle work with such competency ,multi tasking whilst also listening to me at the same time was also very reassuring , her interactions with the magistrate ,other solicitors and the way she Carries herself is also inspiring to watch ,I could honestly not recommend Danielle O’Connor at shanahans enough,she even took the time to come in for my case alone whilst she was on a well deserved leave break, wich I felt terrible about but am more than grateful for as it made all the difference to my case, even though our case is now over with an amazing win ( THANKYOU DANIELLE ) I feel like I am missing a friend. If you ever need a solicitor and are very stressed about a case Danielle O’Connor is definitely who I would recommend, Danielle was also very understanding of monetary issues and did her best at all times to keep costs at a minimum for me wich I also appreciated a great deal , also I would also like to mention Travis Terracall who was also very compassionate and caring and seemed to understand my situation, I wanted to let Travis know that I appreciated his empathy towards my situation at the time . It certainly helped me. If I could have give 100 stars I would . I hope both you and you partner have a very beautiful relaxed and lovely well deserved holiday break Danielle, I’m so sorry It was interrupted due to my case and again Thank you so much not just for your amazing work but your beautiful kindness and compassion . And just being you ! with much gratitude Tracy McNamara 🌸🫶😊
David Fenech2023-08-28Highly recommend Shanahan Family Law and Lindsay Nicholson for all your family law needs.
Nathan Batley2022-08-11I found this firm excellent to deal with. I had received some exorbitant quotes for executing what was really quite a straightforward matter in my case. Shanahans were prompt, professional and fairly priced. I've was very happy with their service.
Chris Mehonoshen2022-04-05Having experienced the sunny disposition of Danielle at Shanahan Family Law I can say that anyone would be in good hands. Danielle is very understanding and shows great insight in analysing the situation and cutting to the heart of the matter. Both Danielle and Shanahan Law are very professional and respond promptly in a care manner. Very happy with my choice there.
Nicole Mcmullen2021-12-14I can highly recommend Luke and his associates for their professionalism and thoughtfulness. I really didn't know what to expect when I needed the advice and assistance of a solicitor, but Luke has been extremely patient and kind in leading me through this process.
Get legal advice
It’s essential to seek legal assistance if you are suffering from domestic violence or any family violence matters. Seek legal advice from our Sunshine Coast and Gold Coast domestic violence lawyers. Our family lawyers have extensive experience and will work to find the best outcome for you and your family members.
If you are financially vulnerable, we recommend getting legal aid support. Alternatively, you can reach out to a not-for-profit organisation like Sunshine Coast DVF Coordination.
Our Practice Areas
Want to understand more about Family Law?
Contact Our Sunshine Coast Support Team
Related Articles
16 Best Co-Parenting Apps for Divorced Parents in 2024 (Updated List)
Many people may think that a divorce is the worst thing to happen to separated parents. Do you want a
April 11, 2024
No Comments
How to Get a Divorce in Australia Today? (11 Simple and Stress-Free Steps)
The separation and divorce process can be emotionally and financially challenging. Underestimating how intertwined long-term relationships are with children and
March 26, 2024
No Comments
Download Our Free Divorce Guide
Get expert advice on navigating your divorce with ease and confidence.