Know Your Rights and Options
If you’re experiencing domestic violence, or you’ve been accused of committing domestic violence, it is important that you obtain legal advice. Know your rights and let us guide you.
Here at Koolik & Associates, we are experienced within all aspects of the domestic violence court system, from providing initial advice to clients unsure of their next step, to appearing at the final hearing. Not only do we assist those in need of protection, but also those who have been wrongly accused of perpetrating domestic violence.
What is Domestic Violence?
It is important to understand what behaviours constitute domestic violence. This includes not only behaviour which is physically or sexually abusive, but also behaviour which is emotionally or psychologically abusive, threatening or coercive. This is of course not an all-encompassing definition, and courts in Queensland take a wide view of what behaviours may amount to domestic violence.
Domestic violence should not be conflated with arguments, or a party saying something they should not have said. Domestic violence is a pattern of controlling and manipulative behaviour. If you are not sure whether you are experiencing domestic violence or what your options may be, please contact us.
Getting a Domestic Violence Protection Order
If you are experiencing domestic violence you need to ensure that you, your children and the people close to you are protected.
Oftentimes if you have been experiencing domestic violence and have come to the decision to apply for a Domestic Violence Protection Order (‘DVO’), then the behaviour has not been a one-time occurrence. The process of obtaining a DVO can often leave victims mentally and emotionally drained. This is where we help you.
We understand that domestic violence can take many forms and is not always physical. It is important that you understand that you do not have to wait until you have been the victim of physical violence before you seek help.
It is vital that your application is prepared correctly, in order to give you the best chance of successfully obtaining the order you need. If your application is lacking then it may be dismissed on the first court date, before you’ve even really had a chance to be heard.
Maybe you already have a DVO that is not providing the protection you need, and requires variation. We can help you achieve this.
What to Do When Falsely Accused of Domestic Violence
Have you been falsely accused of domestic violence? Unfortunately, baseless domestic violence applications are not uncommon. This can occur particularly where children are involved, and one party is seeking to gain control over another in a family law battle.
Sometimes orders are put in place but for one reason or another, they are simply unworkable. For example, you may need to communicate with the other party about children of the relationship or a property division, but the wording of the order doesn’t allow you to communicate at all. Whatever the reason, we are happy to assist you.
While DVOs are a civil matter between the two parties, breaching a DVO is a criminal offence. This means that if the order is too broad, even an unintentional breach may result in criminal consequences.
If you are considering consenting to an application just to ‘get it over with’, then contact us for advice.
Know your rights and your options. Allow us to assist you in your defence.