Applying for Domestic Violence Orders (‘DVO’) on behalf of someone else plays a role in safeguarding individuals at risk of abuse. In Queensland, the law allows third parties to apply for a DVO on behalf of someone else who may be unable to act for themselves. This process can provide protection for vulnerable individuals, including elderly parents, children of an intimate relationship, or people facing barriers like disability, mental illness, or coercion.
On 18th March 2024, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 [Act No. 5 of 2024] (‘The Act’) was assented to. In summary, the Act will amend legislation across Queensland in three phases. The Act amends the following pieces of legislation:
The Act implements a range of recommendations due to multiple inquiries, including the Hear her Voice reports from the Women’s Safety and Justice Taskforce, the Commission of Inquiry into the Queensland Police Service, and the Royal Commission into Institutional Responses to Child Sexual Abuse.
As you can see, there are many changes to come. The main objective is to change the experience of victim-survivors (mostly girls and woman) who go through the police and court system, ensuring they are treated with respect and dignity. These changes are aimed at updating legalisation to better reflect community expectations, standards and to minimise risk to victim-survivors.
These new amendments will bring Queensland in line with other States and countries. It is important to be aware of these changes as it may directly impact you. The first phase has already been implemented.
On 23rd September 2024, phase one was rolled out across the state. This phase amended the laws surrounding consent, the defence of mistake of fact, improper questions during a sexual offence proceeding, reporting child sex offences and stealthing. Stealthing means that during intercourse both parties must consent to the removal or none use of contraceptives.
The Act also amended the Domestic and Family Violence Protection Act 2012 that a court must (no longer discretionary) consider the making of a Temporary Protection Order if a Protection Order Application is adjourned. However, this was already the general practice in most courts.
On 3rd February 2025, the Sexual Offence Expert Evidence Panel will be implemented which will allow experts to give relevant evidence in sexual violence proceedings in Brisbane and Townsvile.
Once established, an expert to give relevant evidence about a defendant’s cognitive and/or mental health impairment at the time of the alleged offence and if that was a substantial cause of the person not saying or doing anything to ascertain whether the other person consented to the sexual act.
An expert will also be able to give evidence about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence as requested by the prosecution, defence, or court.
On 26th May 2025, coercive control will be a criminal offence in Queensland (‘Coercive Control’). This means any behaviour that amounts to coercive control from 26th May 2025 onwards, can amount to a criminal offence. The maximum penalty for this offence is 14 years. If sentenced, this will be considered to be a serious offence by the courts who will assess the person’s background, the offending, impact on the victim-survivor and other factors.
Coercive Control laws mean it is illegal for a person over 18 years old to commit behaviour which amounts to a pattern of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor who is a current or former intimate partner, family member, or informal (unpaid) carer with the intention to control or coerce them.
Thus, you can be charged with Coercive Control if there is no current Temporary or Final Protection Order in place. This it is unliked the charge of contravention of a domestic violence order which requires a condition of a Protection Order to have been breached.
It is likely a person could be charged with multiple criminal offences for same act which amounts to Coercive Control.
From 26th May 2025, it will also be a criminal offence to behave in a manner which would breach or assist the respondent to breach a Protection Order or a Police Protection Notice. In essence, a person does not need to be named on a Protection Order to be charged with breaching a condition.
For example, it would be illegal for a family member or friend to call the aggrieved and intimidate or belittle them with regard to the respondent or related circumstances. It would also be illegal for a third party (e.g. private investigator) to monitor an aggrieved or named person. This has its own implications which will not be discussed in this article.
The maximum penalty of a fine of 120 penalty units or 3 years imprisonment for this offence.
In Elysian Law’s experience, the new offence of aiding a respondent to breach an order may come as a surprised to some people as often family members think a loved one needs protection and often family law matters are closely linked to domestic and family violence matters, making them emotionally volatile proceedings.
You should still make a complaint to the Queensland Police Service. The same behaviour which amounts to coercive control can also be an act of domestic violence thus, you have the right to seek a Protection Order.
Also, there may be other relevant criminal charges a person could be charged like wilful damage, stalking or common assault to name a few.
If you have issues with making a police complaint, please call us at Elysian Law for support. If the police will not seek a Protection Order from the courts, we can file a private application on your behalf.
It is difficult to predict how the judiciary and the police will implement these new amendments and how effective they will be. Often it is only when a case is appealed, guidance regarding definitions and the legal tests are defined which gives detailed clarity. However, come May 2025, the criminal space in Queensland will be evolving given how wide some of the new laws are drafted.
To read about the Act in greater detail, please refer to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023.
At Elysian Law, we understand that Domestic Violence Orders (DVOs) play an important role in ensuring the safety of individuals in domestic and family situations. However, there are times when a DVO may be issued under circumstances that do not fully reflect the reality of the situation. If you believe a DVO has been unfairly issued against you, immediately contact our team at Elysian Law to help you through the process of contesting an order. Our team has over 30 years of combined experience, providing clients with empathetic and tailored legal support in domestic and family violence cases.
Domestic and family violence is a serious and complex issue that affects many individuals and families across Australia. When facing domestic violence charges, understanding the types of charges, their consequences, and related legal processes can be overwhelming. At Elysian Law, we specialise in domestic and family violence cases, providing compassionate and experienced legal support to help individuals through these tough times.
In Australia, domestic violence charges often involve physical, emotional, psychological, property damage or financial harm. Currently, domestic violence itself is not a single charge, several offences fall under this category due to the nature of the relationship between the accused and the victim. Domestic violence charges often apply in situations involving partners, ex-partners, family members, and even close household relationships.
If you need help around domestic violence issues contact Elysian Law today.
Several types of criminal charges can be categorised under domestic violence if committed within a domestic or family relationship. Below are some of the primary charges associated with domestic violence in Australia:
Physical assault,or threats of assault, including hitting, slapping, or any form of physical harm, is one of the most common charges in domestic violence cases. This charge can vary in severity from common assault to grievous bodily harm, depending on the harm inflicted. Penalties for assault in domestic violence cases can be severe, including large fines and imprisonment, depending on the extent of injury and past criminal history.
The offence of choking, suffocation or strangulation in a domestic setting was introduced to Queensland in 2016. The offence of choking, suffocation or strangulation must be finalised in the District Court and carries a maximum of seven years (7) of imprisonment. This is a serious offence and if sentenced often the penalty is imprisonment unless there are exceptional circumstances. This charge can be complex thus, you must get legal advice if you are charged with this offence.
Sexual offences such as sexual assault or rape in a domestic setting is classified as a domestic violence offence. Sexual assault is when a person touches another person inappropriately without consent or forces another person to commit sexual acts against their will. Rape is the most serious form of sexual assault, forcing someone to have sexual intercourse or penetration without their consent. Rape is considered a very serious offence and carries a maximum sentence of life in imprisonment. The defences to sexual offences can be complex and are often based on the circumstances involving the incident.
Stalking, including monitoring movements or repeatedly contacting someone against their wishes, is treated seriously in domestic violence cases. Intimidation, such as making threats to instil fear, can also lead to criminal charges. These behaviours are often charged under stalking or harassment laws (Queensland Government Stalking Offences).
In domestic violence contexts, damage to property, such as breaking or destroying items within a home, can be a form of domestic violence. Property damage charges may apply if an individual deliberately destroys or damages a partner’s or family member’s belongings. This charge is commonly used for smashing a person’s phone, computer or destruction of their car.
While emotional and psychological abuse does not typically have specific criminal charges, it can play a role in the severity of other charges or be referenced in court when assessing the relationship context.
Psychological abuse can include manipulation, isolation, and other forms of control that impact the mental well-being of the victim. These aspects can influence sentencing and protective orders.
If a Domestic Violence Order (DVO) is in place, any breach, such as committing any of the acts above or contravening the conditions of the protection order, constitutes a criminal offence. Breaching a DVO is taken very seriously, with consequences that may include imprisonment (Queensland DVO Breach Penalties).
The offence of Coercive Control will come into effect in 2025.
This offence will be in the Queensland’s Criminal Code and will provide when a person (who is an adult) is in a domestic relationship with another person, and engages in a course of conduct that is coercive or controlling which would reasonably likely cause the other person harm, will be charged with a criminal offence. Like other domestic violence offences, a sentence of imprisonment can be imposed for this charge.
The consequences of domestic violence charges in Australia vary based on the specific charges and circumstances. Sentences can include orders to of good behaviour, fines, community service orders (includes probation) and imprisonment either served in jail or in the community.
In addition to criminal penalties, the courts may issue a protection order to prevent the accused from contacting or coming near the victim. In circumstances where there is already a protection order in place when the court determines the criminal offences, the Court has the power to amend or vary the current order at the time of sentencing.
Being convicted of domestic violence charges may result in a criminal record. If you are convicted of an offence which is domestic violence in nature, it will state the offence is a DV offence on your criminal history. Having a criminal record may affect future or ongoing employment, travel, and restrict other areas of life. If any future protections order application are bought or there are family proceedings, your criminal history can be used as evidence to show a person’s character.
Lasty, it is important to note if you are convicted of a serious criminal offence in which imprisonment is imposed and you are not a citizen, you may be deported upon release from custody.
As these consequences may impact both immediate and long-term aspects of a person’s life, seeking legal advice is essential for individuals facing domestic violence charges to navigate the system effectively and protect their rights.
A common question we encounter is: “Can a victim of domestic violence be charged?” In some situations, victims may act in self-defence or retaliate to protect themselves, potentially leading to assault or property damage charges.
If a victim faces charges in such a context, the courts may consider factors like self-defence or mistake of fact when assessing their case.
It is important to note, an aggrieved person cannot be charged if they assisted a respondent to breach a protection order. For example, if the aggrieved stated contact was fine and invited the respondent to their house in contravention of a condition, it is still a criminal offence. It is important that you protect yourself and ensure a condition is not breached even with a person’s consent and influence.
Elysian Law specialises in defending individuals who may find themselves in these complex situations, ensuring the full context of their actions is understood and presented in court. Legal representation in these cases is vital, as domestic violence dynamics can significantly affect the legal outcome.
In addition to the specific charges outlined above, domestic violence charges may also fall under broader criminal offences:
Facing domestic violence charges can be an overwhelming experience, with legal and personal repercussions. At Elysian Law, we are dedicated to helping our clients understand their rights, their legal options, and to secure the best possible outcome. Our approach to domestic and family violence cases is uniquely focused on empathy and clarity, ensuring you feel supported at every step with a robust defence strategy.
If you’re facing domestic violence charges or have questions about how these charges may apply to your case, reach out to Elysian Law for a confidential consultation. With our depth of experience and commitment to client care, we aim to provide strength, clarity, and guidance during this challenging time.
Going through a divorce can be emotionally challenging. At Elysian Law, we understand the stress involved and are committed to guiding you through the process with clear and compassionate legal advice. Our team of experienced divorce lawyers ensures your rights are fully protected while addressing your unique personal needs.
Parenting orders are legally binding agreements issued by the Federal Circuit and Family Court that determine arrangements for the care of children. At Elysian Law, we focus on helping families create secure, fair, and workable arrangements, ensuring the child’s best interests are prioritised. Our experienced team supports clients through this complex process with compassion, especially in cases involving domestic and family violence violence or disputes.
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.
Sometimes a person will record conversations with another person to show they have committed acts of domestic and family violence . Wondering whether is it illegal to record someone without consent?
For examples a former partner may covertly record conversations during changeover of children or phone calls to show verbal abuse or inappropriate language regarding their parenting.
If the recording tends to show a person is committing acts of domestic and family violence, it can be provided to the court during a hearing of a protection order application to support why an order must be made. Covert recordings can also be used to show that no acts of domestic and family violence have occurred. It depends on the circumstances of a case.
Pursuant to Invasion of Privacy Act 1971 (Qld) (‘Privacy Act’) it is an offence to record a private conversation if you are not involved in that conversation.
A person is involved in a conversation if they are directly a part of that conversation. Both examples provided above are situations when a person is directly involved in a conversation. It can include one on one or group conversations.
It also not an offence if you unintentionally hear a private conversation over a phone.
However, there are prohibitions on what a person can do with a recording if they are involved. You cannot publish the recording or communicate any part of the recording. If so, you could be liable of an offence.
However, this prohibition does not apply if the recording is published (shown) in the court regarding legal proceedings or in the public interest or to protect the lawful interest of that order person.
The Privacy act further notes that legal proceedings mean any civil (protection order application) or criminal proceedings in or before a court.
It is a criminal offence to take and/or distribute photos or videos of a person without their consent that is either in a private place or doing an act which one would reasonably expect privacy such as going to the toilet, being intimate or of their genital area even if covered by clothing.
It is further punishable to share such photographs or recordings with another person or upload them to the internet.
It is not illegal to take photos or videos where one would not reasonably expect privacy like at a park, doing changeover of children, exercising or seeing another person.
This includes taking a photo of another person’s child.
It can also include recording of a person at their home.
As stated, a person who is going to make or has made an application may record the respondent to show to the police or to the court that their evidence is true and accurate and acts of domestic and family violence have occurred.
Often a court will place weight on such recordings as it is independent proof of what acts have occurred. It may be possible to make submissions to the court why the recording is not accurate and should not be relied upon as proof.
Elysian Law has first hand experience with covert recordings being used in applications for protection orders and provide advice based on your unique case. Contact our lawyers today for assistance.
The offence of contravention of a domestic violence order or sometimes referred to as a “DVO breach” refers to contravening court ordered conditions in a Domestic Violence Order (‘DVO’). DVOs are made by a court to protect individuals from domestic and family violence. When a condition or the order is not complied with, it is a criminal offence. Examples of actions that can lead to someone being charged with the offence may include contacting the aggrieved person when the DVO prohibits contact, going to places where the aggrieved is when prohibited, or not being of ‘good behaviour’ towards the aggrieved.
If you are accused of breaching a DVO, it’s important to understand the severity of the situation and seek immediate legal advice to protect your rights. Contact Elysian Law for immediate legal advice.
A subpoena is a legal document that orders a person to appear in court, recount their version of events, or produce evidence relevant to a case. Subpoenas are commonly used in both criminal and civil cases to ensure that essential information is available to the court. In domestic and family violence proceedings, this is often someone’s counselling notes or records, hospital reports, school reports or any other information that may seem relevant to the proceedings. If you have been served with a subpoena to attend or produce documents, it is important to understand your legal obligations and rights, as failing to comply with the conditions of a subpoena can result in penalties.
At Elysian Law, if you are a person who has experienced domestic and family violence and have been ordered to produce private and confidential documents (such as counselling notes) we are here to help you understand what a subpoena is and guide you through the process.
If you have been served with a subpoena, contact Elysian Law immediately for expert legal advice.
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