How to Apply for Consent Orders in Queensland? (5 Important Steps)
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September 24, 2024
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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
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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
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
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