Collaborative Legal Solutions are trusted Brisbane based lawyers providing legal services to individuals who need up-to-date, relevant legal advice regarding domestic violence.   Sadly, the media is reporting an alarming increase in the rates of domestic violence over the past ten years. Recently, Premier Campbell Newman announced the establishment of a Special Taskforce to undertake a comprehensive and co-ordinated review on domestic and family violence in Queensland.   The purpose of this “DV Tips Sheet – 1” is to highlight the main objectives and principles underpinning the Domestic and Family Violence Protection Act 2012 (Qld) “Domestic Violence Legislation” which governs the protection of a person against violence in Queensland.

Domestic Violence Legislation – Main Objectives

THE MAIN OBJECTS OF THE DOMESTIC VIOLENCE LEGISLATION, ARE TO:-

1. maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives;
2. prevent or reduce domestic violence and children’s exposure to it; and
3. ensure that people who commit domestic violence are held accountable for their actions.

THE LEGISLATION SEEKS TO ACHIEVE THESE OBJECTS, MAINLY BY:

1. Allowing the Court to make a domestic violence order to provide protection against further domestic violence;
2. Giving police particular powers to respond to domestic violence, including the power to issue a police protection notice; and
3. Imposing consequences for contravening a domestic violence order or police protection notice, in particular, liability for the commission of an offence.

THE PRINCIPALS OF THE DOMESTIC VIOLENCE LEGISLATION

 The principles for administering the Act, include:

• The paramount principle – for the safety, protection and wellbeing of people and children who fear or experience domestic violence; and

Subject to this principle;

• That victims should be treated with respect and disruption to their lives minimised;
• That perpetrators of domestic violence should be held accountable for their use of violence and its impact on other people, and provided with an opportunity to change;
• People with vulnerable characteristics to domestic violence, should be taken into account, for example: women, children, Aboriginal people and Torres Strait Islanders, People from a culturally or linguistically diverse background,  People with a disability, People who are lesbian, gay bisexual, transgender or intersex, and the elderly; and
• Where conflicting allegations are raised, including acts committed for their self-protection, the party in most need of protection should be identified; and
• The civil law operates in conjunction with the criminal law.

TIP► If you fear for your safety, get out!

At Collaborative Legal Solutions, we are serious about assisting you and have prepared a series of SELFieDOCS which are sample legal documents to be used for illustrative purposes.  Watch this space – A Sample Application for Domestic Violence will be available for purchase soon.   Contact Us TODAY to book a Set Fee Initial Consultation with our Brisbane Mobile Lawyer and check out our SELFieDOCS which are available for purchase (sample legal documents).