What is Domestic Violence?
Domestic violence is often associated with physical and emotional violence. However, domestic violence encompasses much more than physical and emotional abuse and some people may be victims of domestic violence without even realizing it.
Domestic violence occurs when there is a power imbalance in a relationship which results in one person living in fear. The main legislation dealing with domestic violence in Queensland is the Domestic and Family Violence Protection Act 2012 (“the Act”). The Act states that domestic violence is behavior that is:-
- physically or sexually abusive;
- emotionally or psychologically abusive;
- economically abusive;
- threatening.
Courts have held that actions such as denying a person access to their bank accounts, in effect preventing them access to any money, constitutes financial abuse and is considered domestic violence. Other examples of domestic violence include damaging a person’s property or threatening to do so, threatening to commit suicide or self-harm so as to intimidate or frighten the person, or causing or threatening to cause the death of, or injury to, an animal.
What Relationships are Covered by Domestic Violence Legislation?
Domestic violence refers to violence that occurs between people who are or have been in a ‘relevant relationship’. The Act refers to a relevant relationship as one that is an intimate personal relationship, a family relationship, or an informal care relationship.
An intimate personal relationship can include married, de facto and engaged couples. A family relationship can include extended family from parents and siblings to cousins. An informal care relationship exists between two people if one person is dependent on the other person for help in daily living activities such as preparing meals or helping a person with eating meals.
Applying for a Domestic Violence Order
If you are a victim of any of the behaviors discussed above by a person you have a ‘relevant relationship’ with, you may be entitled to obtain protection by way of a Domestic Violence Order.
Why apply for a Domestic Violence Order?
The purpose of Domestic Violence Orders is to prevent the continuation of abuse. Domestic Violence Orders must impose standard conditions including that the respondent be of good behavior towards the aggrieved and not commit domestic violence against the aggrieved. If children are listed on the Domestic Violence Order, then the same conditions are imposed on the respondent in relation to the children. If the Court considers other conditions are necessary, such as (but not limited to) prohibiting contact between the aggrieved and respondent or not allowing the respondent within 100m of the aggrieved’ s residence then the Court has the power to impose such orders.
If you would like to discuss your situation and find out whether you’re entitled to apply for a Domestic Violence Order or need assistance in applying for a Domestic Violence Order, contact our experienced lawyers today.
