Family Violence Intervention Orders in Brisbane.
Your Family Lawyers Brisbane & Sydney
Assisting individuals in obtaining intervention orders to protect themselves and their children from family violence.
At CG Legal, we understand the urgent need for protection from family violence.
Family Violence Intervention Orders in Brisbane.
Our dedicated team of Family Law lawyers is here to provide expert assistance in obtaining family violence intervention orders, helping individuals and their children stay safe and secure.
Our Family Violence Intervention Order Services:
Urgent Response: We prioritise immediate action in cases of family violence to provide swift legal protection. Our team is ready to assist you in obtaining intervention orders promptly.
Legal Advocacy: Our lawyers will represent you during court proceedings, advocating for your rights and ensuring that your concerns are heard by the court.
Child Protection: We prioritise the safety and well-being of children involved in family violence situations, helping you obtain orders that protect them from harm.
Restraining Orders: We assist in obtaining restraining orders that prevent the perpetrator from contacting or approaching you and your children.
Legal Guidance: Our team will provide you with comprehensive legal advice, explaining your rights and the available legal options to protect yourself and your family.
What Is Family Violence?
In Queensland, the definition of family violence, as per the Family Violence Protection Act 2008, encompasses a wide range of actions, even those that may not necessarily constitute a criminal offence. Family violence includes:
Physical or Sexual Abuse: Any form of physical or sexual harm or assault inflicted on a family member.
Emotional or Psychological Abuse: Actions that result in emotional or psychological harm, such as manipulation, intimidation, or degradation.
Economic Abuse: Coercive, deceptive, or unreasonable control over another person’s financial resources or finances without their consent. This may involve denying them financial independence or threatening to withhold financial support required for reasonable living expenses.
Threatening or Coercive Behaviour: Any behaviour that involves threats, intimidation, or coercion to control or dominate a family member, leading them to fear for their safety or the safety of others.
Control or Domination: Actions that exert control or dominance over a family member, creating a sense of fear or insecurity.
Exposing a Child to Family Violence: Putting a child in a situation where they witness, experience, or are exposed to family violence.
Understanding the breadth of family violence is essential to address and prevent such behaviours and protect those at risk. The law in Queensland recognises that family violence goes beyond physical harm and includes a range of actions that can cause harm, distress, and suffering.
Understanding Family Violence Intervention Orders in Brisbane, Queensland.
A family violence intervention order is a legal instrument that imposes specific conditions on an individual due to their likelihood of committing violence against a family member. These orders can be applied for by individuals in Brisbane or anywhere else in Queensland, or they may be initiated by the police on behalf of someone who fears violence from a family member.
The person seeking protection through an intervention order is referred to as the “affected family member,” while the family member to whom the order applies is known as the “respondent.”
Family Violence Intervention Orders in Brisbane typically include conditions that restrict the respondent from engaging in family violence against the affected family member. Common conditions encompass:
Prohibition of Family Violence: The respondent is prohibited from committing acts of family violence.
Restricted Locations: The order may specify locations that the respondent is not allowed to attend.
No Stalking: Stalking of the affected family member is expressly forbidden.
No Communication: The respondent is barred from communicating with the affected family member.
It’s crucial to understand that violating the conditions of a Family Violence Intervention Order can result in criminal charges being brought against the respondent. These orders serve as a protective mechanism, ensuring the safety and well-being of those at risk of family violence.
Protecting Individuals Through Family Violence Intervention Orders.
Family Violence Intervention Orders in Brisbane are legal tools designed to safeguard individuals from abusive or harmful situations. These orders impose specific conditions, or rules, to prevent the respondent from engaging in particular behaviours or actions towards the individuals protected by the intervention order.
Each intervention order may have unique conditions tailored to the specific circumstances. Some common conditions may require the respondent to:
Cease Harmful Behaviour: The order mandates that the respondent immediately stops any harmful or abusive actions.
No Contact or Communication: The respondent is prohibited from contacting or communicating with the protected person.
Online Restraints: Publishing or posting content about the protected person on the internet, electronic communication (such as email), or other social media platforms is strictly forbidden.
Stay-Away Zones: The respondent must not approach or linger near the protected person’s home, school, workplace, or other designated locations.
No Proxy Actions: The respondent cannot enlist others to carry out activities that are prohibited by the order.
It’s essential to recognise that violating these conditions is a serious matter and constitutes a criminal offence. Any breaches should be reported to the police promptly.
Family violence practitioners, who are court-based support workers, play a vital role in this process. They can engage with affected individuals to determine the most suitable conditions for an intervention order, with the primary goal of ensuring their safety and well-being.
Personal Safety Intervention Orders: Protecting Against Harm.
Personal Safety Intervention Orders (PSIOs) serve a purpose similar to Family Violence Intervention Orders, with the primary objective of shielding individuals from certain behaviours that result in physical, emotional, mental, or psychological harm. These orders also encompass financial abuse, stalking, coercive control, and threats as valid grounds for intervention.
The key distinction between a PSIO and an FVIO lies in the absence of a familial relationship. In the case of a PSIO, the harm-causing party may be a coworker, an acquaintance, a neighbour, or anyone whose actions have inflicted or intend to cause physical or mental harm. Simply experiencing harassment without an underlying intention or actual incident of harm typically does not warrant an Intervention Order, except in certain circumstances.
Interim Intervention Orders: Temporary Protective Measures.
Interim Intervention Orders (IIOs) are temporary protective measures put in place by or on behalf of the protected person or persons before a formal Intervention Order hearing occurs. These interim orders are often sought when immediate security is required but cannot be granted promptly. It’s important to note that both Family Violence and Personal Safety Intervention Orders are typically issued through the Magistrates Court, with the application submitted by or on behalf of the protected or affected person.
Frequently Asked Questions
The Court does not make family violence orders. How you get a family violence order, and what the order is called, depends on where you live.
If you are experiencing domestic violence in a relationship, a domestic violence order can help stop the violence.
You can apply for a domestic violence order at a magistrates court or get a police officer, lawyer or someone you trust to apply for you. You should get legal advice before applying for a domestic violence order.
In situations where you believe your safety is imminently threatened, and the standard application process may not offer protection swiftly enough, you have the option to apply for an urgent temporary protection order. This urgent order expedites the process, ensuring that you’ll appear in court soon after submitting your application, often before the respondent is notified about your application.
During this initial court appearance, you’ll be given another date for a subsequent court hearing, where both you and the respondent will provide information to the magistrate about your specific circumstances. If you have legal representation, your lawyer may be able to attend this court hearing on your behalf, further streamlining the process and ensuring your safety is addressed promptly.
If the respondent violates the conditions of a domestic violence order, it’s imperative to take immediate action by contacting the police. The police will conduct an investigation, and if there is evidence to substantiate the breach, the respondent will face charges for violating the domestic violence order, constituting a criminal offense. Depending on the circumstances, additional criminal charges may also be brought against the respondent.
To assist the police in their investigation and strengthen your case, consider gathering evidence that demonstrates the breach. This evidence may include:
Recordings: Save any abusive telephone messages or communications as evidence.
Diary Entries: Maintain a detailed diary documenting instances of violence or violations of the order, including dates, times, and descriptions of the behavior.
Witnesses: Compile a list of family members, friends, and neighbors who may have witnessed the respondent’s actions or behavior.
By providing such evidence, you can aid law enforcement in their efforts to hold the respondent accountable for breaching the domestic violence order, helping to ensure your safety and protection.