Domestic and Family Violence in Queensland operate under the Domestic and Family Violence Act 2012 (‘Act’). The legislation and proceedings interact in both the criminal space and civil space (for example family law).
There are a number of reasons why you should engage a lawyer who specialises in Domestic and Family Violence and Family Law to assist you with your matter, over a criminal or family lawyer.
The first reason is if you are charged with a criminal offence including breach/contravene a protection order assault charge, choking or strangulation charges you could be facing a term of imprisonment and a conviction which could jeopardise your employment or travel prospects.
If you have domestic and family violence allegations and family law proceedings or intending to pursue them, any allegations of domestic and family violence can be used against you in your parenting matter or property settlement which will determine final orders the court can make.
Domestic violence allegations can affect your family law proceedings, and it is important you have a domestic and family violence lawyer to assist you to navigate this process. It is important that your rights are protected and that you receive the best outcome possible. Having a lawyer that understands both the criminal and civil aspects of domestic and family violence law is imperative.
Domestic and family violence proceedings are not always criminal matters and nor are they always family law proceedings, however when dealing with both areas it is important to get the proceedings right at the very beginning to protect you now and in the future. If you or a member of your family is currently suffering some form of domestic and family violence, navigating the criminal and or the family law space, there are steps you can take to ensure you receive the best outcome and keep everyone protected. You should engage a Domestic and Family Violence Lawyer who has proven experience in this area of law to ensure you receive the best outcome. Contact Elysian Law today.
Both areas of law (criminal and family law) are different and contrasted, however, with the recent amendments to the Act , a person’s domestic and family violence history are admissible in future protection order applications, criminal and family law matters. Therefore, you should have a lawyer experienced in this particular area of law.
This area of law is complex and evolving regularly, amendments to the Act often has a flow on affect in other legal spaces including, family and criminal law and in more recent times employment law.
Elysian Law has experience representing people in serious criminal charges relating to domestic and family violence, such as assault, choking, strangulation and contravention of domestic violence protection order. As well as family law matters where domestic and family violence allegations are prevalent or alleged. We also have extensive experience representing people in domestic and family violence proceedings alone.