Domestic and family violence involves a range of behaviours used by one person to exert power and control over another with whom they have, or have had a close relationship. In Queensland, domestic and family violence is recognised not only as physical abuse but also includes emotional, financial, isolation, and sexual abuse. It can also involve coercive behaviour that causes a family member to feel controlled or fearful. It can include continuous missed calls, name calling or describing how another person parents etc. There is no one clear and absolute definition of what acts and behaviour will amount to being an act of domestic and family violence. If contested, a Magistrate will look at the whole unique circumstances of each case, the nature of the relationship and the intention behind the act before they determine if the act to be one that is domestic and family violence.

Legal Framework in Queensland

The Domestic and Family Violence Protection Act 2012

Queensland’s legal system addresses domestic and family violence through the Domestic and Family Violence Protection Act 2012. This Act defines domestic and family violence and outlines the legal remedies available to protect victims, including the issuance of protection orders and conditions. The law aims to provide safety and protection for victims and their families, ensuring swift and effective legal responses to incidents of domestic and family violence.

Protection and Support Services

Protection Orders and Support Mechanisms

In Queensland, individuals can apply for a Domestic Violence Order (‘DVO’), which serves to protect them by restricting the offender’s behaviour. The conditions may prohibit the offender from approaching the victim at home, at work, or within their community. Additionally, Queensland offers various support services, including counselling, legal aid, and emergency accommodation, to help victims of domestic and family violence navigate their circumstances safely and securely.

Reporting and Legal Proceedings

The Role of the Police and Courts

In Queensland, the police have a significant role in managing cases of domestic and family violence. They are equipped to respond to incidents swiftly and can issue police protection notices on the spot, which act like temporary protection orders. Matters can be escalated to the Magistrates Court, where more permanent decisions are made regarding the issuance of a protection order and other legal measures to protect the victims.