On 25th November, it is International Day for the Elimination of Violence Against Women. This day is a global reminder that violence against females is one of the most widespread, persistent, and devastating human rights violations worldwide. It’s a call to governments, organisations, and communities to work together to prevent gender-based violence and protect the rights of women everywhere.
In Australia, this day is an opportunity to raise awareness of domestic and family violence and to advocate for stronger protections. It also highlights the responsibility of our community to support survivors, challenge harmful behaviours, and promote equality. For legal professionals and the courts, it’s a reminder of the role they play in ensuring victims are heard and protected under the law.
Domestic violence involves patterns of behaviour used to control, dominate, or harm a partner or family member. For women, this can mean living with fear, intimidation, and threats to safety. It is not limited to physical harm but includes a range of behaviours that undermine autonomy, financial independence, and emotional wellbeing.
1. Physical – Assaults, threats of violence, or physical harm.
2. Emotional – Verbal abuse, intimidation, humiliation, and coercion.
3. Financial -Restricting access to money, employment, or resources.
4. Isolation – Controlling who someone sees or where they go.
5. Sexual – Any unwanted sexual contact, coercion, or assault.
Understanding these categories is crucial for identifying abuse and seeking the right help.
In Australia, domestic violence is recognised as a serious criminal and civil matter. Victims have legal rights to seek protection through Domestic Violence Orders (DVOs) and to report criminal behaviour such as assault, stalking, or harassment. The law provides mechanisms for immediate safety, long-term protection, and pathways to justice.
The legal system offers protection through intervention orders, criminal prosecution, and access to family law remedies. These measures are designed not only to respond after harm has occurred but also to prevent ongoing abuse and create safer environments for victims and children.
Courts in Australia play a central role in hearing applications for protection orders, determining breaches, and sentencing offenders. Magistrates’ courts are often the first point of protection for victims, while family courts balance safety with parenting arrangements when children are involved. Often when a Court directly tells a person their behaviour is unacceptable, this is the first time they have been called out on their behaviour in a public arena.
Children exposed to family violence often suffer long-term emotional, psychological, and social harm. The Family Law Act 1975 requires courts to prioritise children’s safety in parenting disputes. Protecting children from exposure to family violence is a paramount principle in family law proceedings.
A DVO is a court order designed to protect a person from violence, threats, or intimidation. Breaching a DVO is a criminal offence. Victims can apply for a DVO directly, through the police, or with the support of a lawyer. These orders can include conditions about contact, proximity, and communication.
Lawyers play a vital role in guiding victims through the legal system, explaining their rights, and ensuring their safety is prioritised.
1. Assisting with DVO applications.
2. Representing clients in court.
3. Advising on family law matters involving children.
4. Referring clients to support services such as counselling and shelters.
Supporting victims starts with listening without judgment, believing their experiences, and helping them access professional support. Communities can make a difference by promoting respectful relationships, challenging harmful stereotypes, and encouraging victims to seek legal protection.
Men play a critical role in ending gender-based violence. By modelling respect, challenging sexist behaviour, and actively supporting initiatives against domestic violence, men can help create a culture where violence against women is never tolerated.
At Elysian Law, we are committed to supporting victims of domestic and family violence with compassion and strong legal representation. If you or someone you know needs help, seeking timely legal advice can make all the difference.
For more information the types of domestic violence mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.au
DV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.org
Mensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author: Nichale Bool
Domestic and family violence can occur at any time of year, but research and frontline services in Queensland consistently report an increase in incidents during the holiday season particularly around Christmas and New Year.
This time of year, while meant to bring joy and connection, can also heighten emotional stress and tension in households, leading to a concerning rise in domestic violence cases across the state.
Statistics show the highest reports of domestic and non-domestic assaults are:
New Year’s Eve & Day (1 January): Significant spike in assaults leading into midnight, highest days of the year for both domestic and non-domestic assaults
Christmas & Boxing Day: Domestic violence assaults surge over the Christmas period, peaking on Christmas and Boxing Day, the second and third highest days of the year.
Australia Day: Shows an increase in DV assaults but at a lower level, it’s elevated compared to an average day, yet below Christmas Day and Boxing Day in DV volume
While each situation is unique, several common factors contribute to the increase in domestic violence during the holiday period:
1. Heightened Stress
Financial strain, family obligations, and expectations to create a “perfect” holiday can overwhelm many individuals. When stress builds without healthy coping mechanisms, it can lead to anger and conflict within relationships.
2. Increase in Alcohol Consumption
Alcohol use typically rises over Christmas and New Year celebrations.
Excessive drinking can impair judgment, lower inhibitions, and intensify aggressive behaviour, often escalating existing tensions.
3. More Time Spent Together
During holidays, partners and families spend extended time at home, sometimes in confined or emotionally charged environments. This can magnify underlying issues in relationships and create opportunities for controlling or abusive behaviour to surface.
4. Reduced Support Services
Many community services, counselling agencies, and courts operate on limited hours during the holidays. Victims may find it harder to access immediate help or safe accommodation, increasing their vulnerability.
Here are the key dates for the holiday closure period for Queensland Courts:
Each day from Thursday 25 December 2025 through to Friday 2 January 2026 inclusive is a court holiday. This means, public access to the Court is limited on these days. Filing private applications for Protection Orders may be difficult or not given a court date until the new year.
Each day from Monday 29 December 2025 through to Friday 2 January 2026 inclusive is a court holiday.
Abuse isn’t always physical. It can include emotional, psychological,
financial, or verbal control.
Warning signs include:
If you recognise these behaviours in your relationship or someone else’s it’s important to seek support early.
Under the Domestic and Family Violence Protection Act 2012 (QLD), anyone experiencing abuse can apply for a Protection Order or make a complaint to police. A Protection Order aims to keep the aggrieved person safe by restricting the respondent’s behaviour, contact, or proximity.
An experienced family and domestic violence lawyer can help you:
If you or someone you know is in danger, call 000 immediately.
For confidential support, contact:
These organisations provide crisis support, legal guidance, and referrals to safe accommodation.
If you are concerned for your safety during the festive season:
You are not alone – help is available, even during the holidays.
At Elysian Law, we understand how complex and emotional domestic violence situations can be, especially during the festive period. Our team is dedicated to protecting your rights and helping you feel safe again.
For more information the types of domestic violence mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
Author: Nichale Bool
The deadline to file parenting applications for Christmas in the Federal Circuit and Family Court of Australia (FCFCOA) is 4pm on Friday, 14 November 2025. Applications filed after this date may not be heard before Christmas unless deemed urgent.
As the festive season approaches, separated families often face heightened stress around parenting arrangements. To ensure children can enjoy meaningful time with both parents and extended family, the Federal Circuit and Family Court of Australia (FCFCOA) sets a strict deadline for filing parenting applications ahead of Christmas.
This year, the cut-off is 4pm on Friday, 14 November 2025. This deadline applies to the filing of the application not the hearing date. Applications lodged after this time may not be listed until after the holiday period unless they meet the threshold for urgency.
Why does this matter? The Court experiences a surge in filings as the deadline nears, and late applications risk missing out on timely resolution. If parties cannot agree on arrangements for Christmas Eve, Christmas Day, or the summer holidays, early action is essential.
Missing the deadline doesn’t mean all is lost but it does mean you’ll likely need to rely on informal agreements or interim arrangements. For families navigating separation, this can add unnecessary stress to an already emotional time.
If you’re supporting clients or managing your own arrangements, now is the time to act. Early planning not only reduces conflict it ensures children can enjoy a stable, joyful holiday season.
At Elysian Law, we can assist you in navigating the Christmas period parenting arrangements with assisting you to get an urgent application before the court or assist in dispute resolution during this period.
For families navigating parenting arrangements this Christmas season it can be emotionally charged. At Elysian Law we provide clear, structured advice ensuring the children’s best interests remain front and centre.
Author: Laura Summerville
For more advice on parenting arrangements and family law visit these pages:
At Elysian Law, our team is committed to providing expert legal guidance tailored to your unique needs.
Supportive Services
If you or someone you know is feeling overwhelmed during this time, confidential support is available through the following services:
Family Relationships Advice Line – 1800 050 321
Lifeline Australia – 24/7 crisis support – 13 11 14
Kids Helpline – 24-hour kids counselling – 1800 55 1800
Domestic and family violence is a serious issue, and the law in Queensland provides several pathways to protect people who are at risk. One option that sometimes arises is accepting an undertaking from a respondent in a domestic violence application. But what does that mean and what are the risks and trade-offs when choosing an undertaking rather than pursuing a formal protection order?
An undertaking is essentially a promise by the respondent (the person alleged to have committed violence or threats) to the aggrieved and to the court. It involves the respondent doing (or refraining from) certain things, such as behaving in a certain way, not contacting the aggrieved, or staying away from places such as their residential house.
An undertaking is not a court order and is not considered a protection order.
An undertaking is an agreement that is an alternative resolution to a Final Protection Order. If the respondent enters into an undertaking, often in return, the aggrieved will agree to withdraw their application for a protection order before the Courts.
This is often to the advantage of the respondent as a Magistrates does not hear and determine the facts of the case. Thus, there are no formal findings about the respondent culpability and whether they have acted poorly.
An undertaking cannot be enforced by police or the Courts. A breach of the undertaking or it’s conditions is not a criminal offence, however any breach may potentially be considered by the Court in any future proceedings
However, an undertaking will form part of the Court file.
An offer is made by one party to another seeking for an undertaking to be entered and for the application to be withdrawn. The parties must negotiate the conditions of an undertaking and duration. Usually, an undertaking will state the promise is made by ‘consent without admissions’.
Once an agreement is reached, the Court must be informed and the application formally withdrawn. If the matter was listed for a hearing, this will be delisted and there are no further legal proceedings.
If a Temporary Protection Order was granted, it will no longer be in place upon the application being withdrawn.
The undertaking is filed and kept on the Court file and perhaps the police file if they were a party to the proceedings.
If there is a further application or investigation, the police, Courts or parties may inform themselves of the undertaking and its conditions.
Accepting an undertaking may seem like a simpler or less adversarial approach than a full court order. However, there are important implications to consider, both practical and legal as follows:
If the respondent breaches the undertaking, there is no criminal penalty for a breach of the undertaking itself. The aggrieved cannot rely on police to enforce the undertaking in the same way they can enforce a protection order.
Because there is no formal order, if violence or threats continue, the protections may be weaker. The aggrieved may need to refile an application for a protection order if the undertaking is not complied with. An undertaking may also empower a respondent as the police and legal system were informed of the offending and withdrew the application.
A breach of the undertaking can be used as evidence in a future application for a protection order. This can help show the necessity or desirability of formal protection. Equally, the respondent may show the aggrieved has history of making numerous unfounded applications that are an abuse of process.
Because it is not a finding of fact, the respondent is not formally found to have committed domestic violence. This can be a matter for reputation, related legal proceedings, or other collateral consequences (e.g. in family law, employment or weapons licensing).
While there are risks, there are also scenarios in which an undertaking might be considered:
When the alleged violence is less severe, or there is a belief that the respondent is unlikely to breach any conditions.
Where the aggrieved is seeking a quicker, less contentious resolution, perhaps to avoid court, delays, or costs. Or perhaps there is an issue with their filed evidence.
When the aggrieved wants to avoid the trauma or stress of a hearing or a finding, especially if there are children, career, or reputational concerns.
Possibly when the parties have some level of mutual agreement/trust, or when other informal safety arrangements exist.
A formal domestic violence protection order (DVO) offers stronger, more reliable protections than an undertaking. Protection orders are often preferred because:
Legally Enforceable: A DVO can be enforced by the police. If breached, the police can act, and criminal penalties may apply;
Court Findings Provide Clarity: The court may make formal findings, which contribute to an evidentiary history for any future legal proceedings.
Tailored Safety Conditions: Courts can impose enforceable safety conditions, such as no contact orders, distance restrictions, and exclusion zones, designed to protect the aggrieved; and
Formal Recourse for Breaches: A DVO provides clear consequences if the respondent breaches the order, holding respondents accountable and potentially encouraging personal insight or remorse. This also creates a wider deterrent effect and sets public expectations of acceptable behaviour.
Before agreeing to an undertaking, an aggrieved person (or their lawyer) should consider:
Accepting an undertaking in a domestic violence application in Queensland can seem appealing: it may be quicker, less confrontational, and may avoid the trauma or cost of a court hearing. However, because an undertaking is not a protection order, its enforceability is limited, and it carries risks, especially if the respondent does not comply.
For many aggrieved persons, a Domestic Violence Order remains a safer bet, especially where there is ongoing risk. At Elysian Law, we strongly advise clients to get tailored legal advice. Understanding your rights, the nature of the risk, and your long-term protection goals is crucial before deciding whether an undertaking is appropriate
For practical advice on domestic violence protection orders, legal defences, and their implications, check out these related articles from Elysian Law:
Elysian Law Secures Dismissal of a Protection Order Application | No Relevant Relationship
Elysian Law Successfully Defends Veteran Against Police Protection Order | PTSD Defence
At Elysian Law, we understand the profound impact these issues can have on both your personal and professional life. Our team is committed to providing expert legal guidance tailored to your unique needs.
Supportive Services
If you or someone you know is struggling with the impact of domestic and family violence proceedings, the following Australian services provide support and guidance:
1800Respect – Confidential counselling for domestic and family violence.
Lifeline Australia – 24/7 crisis support
MensLine Australia – Support for men dealing with stress, family issues, or domestic violence concerns.
Author: Nichale Bool
Queensland has recently taken a landmark step in its response to sexual violence, announcing the establishment of a Sexual Violence Peak Body, with operations expected to begin in early 2026.
This move, along with the fast-tracking of a similar Domestic and Family Violence (DFV) Peak Body, has significant implications for the legal, policy, and support landscapes for survivors. This action is promising, however the true value of these bodies will only be known once they are in operation.
The Queensland Sexual Assault Network (QSAN) will receive funding to establish the state’s sexual violence sector peak body.
The initiative is a key recommendation from the Women’s Safety and Justice Taskforce, which has called for stronger institutional frameworks to support victim-survivors.
The government also committed funding ($1.62 million) for the First Nations Primary Prevention Group and the Remote Indigenous Women’s Shelter Network to ensure that sexual violence and DFV work has a strong, culturally informed and First Nations-led component.
Alongside the sexual violence peak body, the Domestic and Family Violence Peak Body is being fast-tracked, to give that sector representation earlier than originally planned.
There’s a critical overlap between sexual violence and domestic violence. Understanding that relationship is essential in assessing why this Peak Body matters and also in clarifying what challenges lie ahead.
Data shows that a substantial portion of sexual assaults occur within domestic and family violence contexts. In Queensland in 2024, for example, 42% of all sexual assaults were reported to have occurred in a
domestic or family violence setting.
Many of the same legal issues and barriers such as re-traumatisation in court, access to support services, consent laws arise in both sexual violence and domestic violence cases. The legal reforms passed recently in Queensland, such as affirmative consent laws and criminalising coercive control, address both domains.
Survivors of domestic violence often face sexual violence as part of a broader pattern of abuse (physical, psychological, sexual, economic). A peak body specialising in sexual violence can help ensure that the sexual abuse aspects are not side-lined when policy and resources are primarily focused on other aspects of domestic violence.
Conversely, domestic violence frameworks have sometimes lacked the specialist expertise or resources to adequately deal with the specific needs of sexual violence within domestic settings such as medical forensic examination, specialist counselling, trauma informed legal processes. A dedicated peak body could help fill that gap.
The new peak bodies may make amendments to the relevant legislations, better coordination of specialist sexual violence support services, especially in rural/regional and First Nations communities, elevated the voices of survivors in policy discussions and improvement effectiveness of programs.
By focusing also on prevention, education and changing social norms, we can hope for the incidence of sexual violence (and its intersection with domestic violence) to decline over time.
From a legal practitioner’s perspective, these developments represents a significant milestone. It acknowledges that sexual violence is not a fringe issue separate from domestic violence but deeply intertwined. If done well with sufficient funding, community engagement, cultural competence, and strong coordination with existing domestic violence frameworks, the new peak body has the potential to strengthen protections for survivors, improve legal responses, and move the needle on prevention.
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.au
DV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.org
Mensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author: Nichale Bool
For more information the types of domestic violence mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
Domestic violence allegations are inherently sensitive, carrying profound emotional, legal, and social implications. When such allegations involve professionals, or front-line workers such as police officers, the complexity deepens. These situations demand careful handling to ensure fairness, transparency, and support for all parties involved.
Facing domestic violence allegations as a Respondent doesn’t automatically mean guilt. If you are a professional who must hold a weapons licence as part of your employment (such as police officers or defence members) it is important to know your legal avenues to contest or manage the proceedings.
Laura and Nichale have proven experience and expertise when it comes to defending frontline workers and professionals facing allegations of domestic and family violence. We know that no two stories are the same. Having a legal team that can discretely navigate the complexities of these allegations, is imperative for not only the proceedings, but also your career and livelihood.
Some of the key complexities that professionals may face include:
Career Impact: Allegations can trigger internal investigations, suspension, redeployment, or impact promotions and transfers.
Weapons Licence Implications: For police, military, and other roles requiring firearms, a Protection Order may affect your licence or access to firearms.
Employment Disclosure Requirements: Employers may require disclosure of being a Respondent in domestic violence proceedings, potentially affecting current or future roles.
Legal and Court Proceedings: Navigating multiple legal proceedings at the simultaneously (crime, family and domestic violence proceedings), as well as employment/disciplinary matters.
Internal Professional Investigations: Internal professional investigations – in some cases, the evidence that is included in the proceedings, can be used in the employment-related investigations.
Reputational Risk: Allegations of domestic violence, can affect professional reputation, relationships and community standing.
As a criminal defence and family lawyer, Laura has proven experience in helping professionals and police officers navigate complex domestic violence proceedings. Knowing this affects not only someone’s personal life, relationships and family, but also their employment, Laura will provide clients with a tailored legal strategy. This ensures they receive the best representation possible whilst also protecting their rights and their families.
Nichale’s experience as a prosecutor for the Queensland Police Service and as a criminal defence lawyer, places her in good stead to assist clients in defending applications and applying a strategic eye over proceedings. Whether defending or making applications, clients can expect to receive a well formulated plan from the outset, giving peace of mind knowing their matter is in expert hands.
Both Laura and Nichale regularly represent professionals and frontline workers across all areas of the domestic violence space. Understanding how a protection order can affect a police officer’s livelihood and career, is what sets Elysian Law apart from regular law firms. We know that domestic violence allegations don’t just end in Court. If a Protection Order is made, the repercussions can mean the Respondent will then face disciplinary proceedings and may lose their employment.
We also have a deep understanding that police officers and other professions are not immune to being victims of domestic violence themselves. We have a proven track record of assisting victims and will work tirelessly to ensure they receive a fair and just outcome.
If a Protection Order is made against a police officer, it can have an instant effect on that person, and their employment. Officers will be subject to an Ethical Standards Investigations and an instant suspension or redeployment (‘Stand Down Notice’). While the investigation takes place, officers can also have their promotions or transfers impacted.
Court matters must be finalised and then the internal investigation will commence. The outcome of Court will impact the internal investigation and can persuade the employment outcome. You must be careful of the case you put forward in Court as this material such as sworn affidavits, will be used in the internal proceedings.
Domestic violence allegations can also affect the Medical and Legal Profession.
Whether contesting a DVO or bringing an application, it is important to seek expert legal assistance as soon as possible.
It’s not just police officers that proceedings can have a profound impact on professionally and privately, but other front-line workers, military and professional industries.
Protection Orders will affect your weapons licence (If your employment requires you to hold a firearm), can be disclosed in employment and security check, and affect your blue card eligibility.
Some Employers now require prospective and current employees to disclose whether they are a Respondent in domestic violence proceedings.
Allegations of domestic violence especially involving Police Officers and other Professions are undeniably serious and can feel overwhelming. At Elysian Law, we will help navigate the complexities, protect your rights, and ensure that a fair process is followed every step of the way. Whether you’re responding to allegations or making the application, legal support makes a critical difference in achieving a fair and informed outcome.
We are committed to defending your rights and reputation as well as the ‘bigger picture’ which is more than just the proceedings, it’s your career and livelihood.
If you are a member of a profession, public service, military or police officer involved in domestic violence proceedings contact Elysian Law today, for discrete, expert advice, with proven experience in this field.
Author: Laura Summerville
For further guidance on navigating domestic violence proceedings and protecting your professional interests, explore these related articles:
Elysian Law Secures Dismissal of a Protection Order Application | No Relevant Relationship
Elysian Law Successfully Defends Veteran Against Police Protection Order | PTSD Defence
At Elysian Law, we understand the profound impact these issues can have on both your personal and professional life. Our team is committed to providing expert legal guidance tailored to your unique needs.
If you or someone you know is struggling with the impact of domestic and family violence proceedings, the following Australian services provide support and guidance:
1800Respect
– Confidential counselling for domestic and family violence.
Open Arms – Veterans & Families Counselling
– Mental health support for current and former Defence Force members.
MensLine Australia
– Support for men dealing with stress, family issues, or domestic violence concerns.
For many migrants in Australia, the legal system can feel intimidating and confusing, especially when English isn’t your first language. Understanding your rights are critical because cultural and language barriers should never stop you
from accessing safety and justice. The police, the Courts and lawyers have a duty to help you and be respectful, regardless of your background.
Migrants often face unique pressures such as visa dependency, lack of family support, language barrier, or cultural stigma around reporting domestic violence. These factors can make it harder to seek legal protection through Domestic Violence Orders (DVOs) or to navigate family law matters.
If you need language support in court or when dealing with government services, you have the right to a free interpreter through TIS National (Translating and Interpreting Service).
You can request an interpreter when you first apply for a DVO, when attending court, or when speaking with police or legal aid. Always make the request as early as possible.
If you arrive at court and no interpreter is available, let the court staff know immediately. Do not proceed without one, it is your right to fully understand and participate in the process.
It’s is important to advocate for yourself when speaking to the police, the duty lawyer or a Magistrate. You have the right to push back, ask questions, ask further questions if the answers do not make sense and be treated fairly. The Court may try and rush your matter; however you must advocate for yourself. If this is difficult or the process seem unfamiliar, Elysian Law has experience in assisting people from diverse backgrounds and we can provide you with assistance to be heard.
If you are on a partner visa and the relationship breaks down due to family violence, Australian migration law allows you to continue your visa application under the family violence provisions.
Applying for a DVO will not automatically cancel your visa. In fact, it may provide important evidence if you need to rely on family violence provisions.
Many victims fear deportation if they report violence. This is a myth. The law is designed to protect migrants, not punish them for seeking safety.
Coercive control is a pattern of behaviour where one partner controls, manipulates, or isolates the other. It can include controlling finances, restricting
your movements, or threatening your visa status or cultural identity.
Some behaviours may be normalised in certain cultures, making it harder to recognise abuse. For example, “checking” your phone or controlling money may be seen as tradition but is actually abuse under Australian law. Despite cultural expectations, the Courts will treat you fairly and imposed the same law and expectations on the respondent as though they are a citizen.
If a person’s behaviour falls withing the definition of an act of domestic violence as per the Domestic and Family Violence Protection Act 2012, then it is an act of domestic and family violence, and a protection order may be made.
Keep records such as messages, financial documents, or notes of incidents. This evidence can help when applying for a DVO or in migration matters.
Tips for navigating court: Bring your documents, arrive early, and don’t be afraid to ask court staff for help. Remember, you cannot be disadvantaged for asking for language support.
If your partner or family controls your passport, threatens to cancel your visa, or prevents you from leaving Australia, this may be trafficking or visa abuse.
Urgent help: Call 000 if you are in immediate danger. You can also contact the Australian Red Cross Support for Trafficked People Program or the Australian Federal Police (131 237).
Reporting abuse: Speaking to a lawyer can help protect your rights and stop further exploitation.
At Elysian Law, we understand that experiencing family or domestic violence is frightening and even more overwhelming if English isn’t your first language or if your visa status depends on your partner. Our team is here to guide and protect you every step of the way. We have experience in helping people who’s second language is English to feel in control of their legal proceedings.
We have represented both aggrieved and respondents in private and police applications across Queensland Courts and achieved great outcomes.
We take the time to explain the legal process in a way you can understand, ensuring you know your options and what each step means.
We assist you with:
Many migrants worry that leaving a violent relationship will mean losing their visa. We can:
We help document coercive or controlling behaviours, such as threats to cancel your visa, financial control, or isolation from community all of which can support your case in court and with immigration authorities.
Elysian Law works closely with multicultural and community services. We can connect you with:
We understand that finances can be a barrier and provide a free consultation and fixed fee payments which can be paid off weekly or set stages. We work with people as we understand money should not be a barrier to justice.
No, applying for a DVO will not cancel your visa. If you are on a partner visa, you may be protected under the family violence provisions.
Yes, in most cases you can bring a friend, family member, or support worker with you.
You can request safety arrangements such as separate waiting rooms or video link attendance.
During your free consultation, you’ll speak directly with one of our lawyers who have practical experience in domestic and family violence law. We’ll listen to your story, assess your situation, and provide initial advice on possible legal pathways. This consultation is entirely confidential and designed to give you a clear understanding of how we can support you, without any obligation to proceed further.
Absolutely. Client confidentiality is paramount at Elysian Law. Every discussion, document, and detail related to your case is handled with the utmost respect for your privacy and security. Our team adheres strictly to legal confidentiality obligations, ensuring your information is protected at all times.
We understand the sensitive nature of domestic and family violence cases and the importance of handling every case with discretion and empathy. Our approach is to listen without judgement, provide supportive legal advice, and represent your interests with compassion. We prioritise your safety and well being throughout the legal process, aiming to minimise stress and maximise support.
For more information the types of domestic violence mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.au
DV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.org
Mensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author: Nichale Bool
As of 26 May 2025, Queensland enacted significant legal reforms under the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (‘The Amendment Act’). These changes, aim to increase protections against domestic and sexual violence, aligning Queensland with national efforts to combat coercive control and promote affirmative consent.
This amendment is known as ‘Hannah’s Law’.
In early August 2025, a Cairns man become the first person convicted under Queensland’s newly introduced coercive control laws. The man received a sentence of two years of imprisonment following a disturbing pattern of abuse described by the court as “intimate terrorism.”
The standalone Coercive Control offence which came into effect in Queensland’s Criminal Code on 26 May 2025, the Offence, punishable by a maximum of 14 years imprisonment, targets sustained patterns of behaviour designed to isolate, intimidate, and control a partner, whether through physical or non-physical means.
The Cairns man’s conduct spanned over two days and included threats, physical assaults, property damage, and psychological manipulation. He pleaded guilty to six offences, including coercive control, common assault, and wilful damage. Under the new legislation-despite having a maximum term of 14 years’ imprisonment- the matter can be dealt with summarily in the Magistrates’ jurisdiction, on the prosecution’s election and a plea of guilty.
In his sentencing remarks, Magistrate Jakub Lodziak acknowledged the complexity of sentencing under the new law, noting the absence of precedent and the challenge of distinguishing overlapping offences. Despite this, the court emphasised the gravity of coercive control, which can inflict long-term harm and escalate over time.
The man’s early guilty plea and history of trauma were considered in mitigation, but the court ultimately imposed a custodial sentence, with parole eligibility set for December 2025.
Whilst the coercive control charge is a ‘standalone’ charge, since its inception, it is routinely accompanied by other offences involving domestic violence (such as stalking, assault occasioning bodily harm). This clearly highlights that coercive control can be subtle behaviour; however it is the foundation of a toxic relationship and typically goes in hand with other notable domestic violence offences.
Magistrate Lodziak imposed the two-year sentence on the Coercive Control charge and convicted-but did not further punish- the domestic violence charges of assault and wilful damage, as the conduct was considered part of the coercive control offence.
This case underscores the critical importance of recognising coercive control as a distinct and serious form of domestic violence—one that extends beyond physical abuse to encompass patterns of psychological manipulation, intimidation, and control that erode a victim’s autonomy and safety over time.
This conviction demonstrates the necessity for both legal clarity and robust police enforcement.
On 6th March 2024, The Amendment Act was passed by the Queensland Parliament in response to the unforgettable death of Hannah Clarke and her three young children from an act committed by her estranged husband in February 2020. Hannah’s parents have been strong advocates and refuse for domestic violence to continue to be unanswered. As stated, The Amendment Act criminalises coercive control and introduces affirmative consent requirements in sexual offences
Coercive control refers to a pattern of abusive behaviours intended to manipulate, isolate, or frighten an individual, often within intimate or familial relationships. The behaviour may occur over a period and may be based on several different incidents. This may include emotional, psychological, financial, or technological abuse, such as cyberstalking or surveillance. To be coercive control the parties must also be in a domestic relationship.
Under the new law, engaging in such behaviours is a criminal offence in Queensland, punishable by up to 14 years in prison. This legislative change acknowledges that coercive control is a serious form of abuse that can lead to physical harm or even homicide.
However, there is a defence to the charge of coercive control, that being that the conduct was reasonable in the context of the relationship.
As this is new legislation and remains untested to date, the courts will interpret ‘what is reasonable in the context’ and this area of law will be vastly evolving.
The Act also introduces an affirmative model of consent for sexual offences. Under this model, consent must be actively and clearly communicated, moving away from the previous “no means no” standard. This change ensures that individuals must seek and receive explicit permission before engaging in sexual activity, making it harder for offenders to claim they assumed consent, removing the common defence used of ‘mistake of fact’.
Additionally, the Act criminalises “stealthing” which is the removal of a condom during sexual intercourse without consent.
Section 179A refers to a legal provision commonly found in family or domestic violence law that addresses actions taken by individuals who assist or enable a respondent (the person accused or found to have committed domestic violence) in continuing or escalating harmful behaviour. This provision plays a vital role in ensuring that protective measures are effective and not undermined by third parties.
Third parties may be criminal liable for:
It is immaterial if the person acted with the respondent’s knowledge or direction.
An evidential burden is placed on the defendant in relation to showing a reasonable excuse their behaviour.
The intent behind Section 179A is to close loopholes in enforcement by holding accountable those who act as intermediaries or enablers of abuse. It acknowledges that domestic violence is not always committed in isolation and may involve a broader network of individuals who contribute to the ongoing harm.
The maximum penalty for this offence is 120 penalty units or 3 years imprisonment.
Courts may also issue supplementary orders to restrict the enabler’s contact with the protected person, or require counselling and intervention programs.
For Victims and Survivors:
For Offenders:
Final Thoughts
The implementation of these laws signifies a commitment to protecting individuals from various forms of abuse and ensuring that consent is respected and upheld. At Elysian Law, we are dedicated to helping people acknowledge they have suffered abuse and help people navigate this new area of law.
As stated, The Amendment Act has wide implications and updates various pieces of legislation which in turn will need to be applied by the courts. This will be an evolving area and potential lead to other reforms once the new law are tried and tested.
Contact the Elysian Law team for a confidential free consultation and discuss our fixed fees.
For more detailed information, please see the Amendment Act and explanatory notes.
For more information about topics mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.au
DV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.org
Mensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author: Nichale Bool
It is important to know that divorce proceedings are separate to property settlement and parenting orders. A divorce order is the judicial determination of the formal ending of a marriage.
In Australia, a person in a marriage can apply to the Court for a divorce if they are:
In some cases, where there has been domestic violence present in the marriage, the Court can consider the circumstances of the domestic violence as an exception to the above eligibility requirements.
A Domestic Violence Protection Order (‘DVO’) is an Order made by a Court to protect a person from experiencing domestic violence. DVOs are an nationally recognised Order, however they are issued by a Magistrates Court or Local Court within the State or Territory of Australia.
Some DVOs/Protection Orders will have conditions that the Respondent is not to contact, follow or go to a certain place where the Aggrieved is.
Protection Orders can have named people or children on the orders if they have witnessed or experienced domestic violence as well.
If there has been domestic violence in the marriage, it becomes important in relation to divorce proceedings, as the Court will need to know the circumstances, make orders for service, and the hearing of the divorce order.
Yes, you can file for a Divorce Order even when there is a DVO in place.
The Court will require a copy of the DVO and further evidence regarding the domestic violence. For example, if you are applying for divorce where you have been married for less than two years or separated for less than 12 months.
Divorce proceedings are started in the Federal Circuit and Family Court of Australia (FCFCOA), proceedings can be commenced by filing an application for Divorce (this can be done online or at a FCFCOA Registry).
Divorce proceedings can be filed on a ‘joint’ basis where both parties wish for the divorce to occur or a ‘sole’ application, where one party is filing for the Order.
Either party can bring the application for divorce, and either party can request to defend the divorce or proceed on an ‘undefended’ basis.
Yes, a person can file for a ‘sole’ application for divorce and not require the other person’s consent.
The other person will have an opportunity to respond to the divorce proceedings and tell the court whether they agree to the divorce order or wish to defend it.
If the other person wishes to contest a divorce application, in some circumstances the court will require a contested hearing, to hear the party’s evidence.
Under the Family Law Act and Family Law Rules, divorce proceedings (sole applications) are required to be served on the other person either in person, by post or through a lawyer to ensure the other side is aware of the proceedings.
There are strict service requirements for Family Law documents and multiple documents are required to be served and returned to the Court.
If the other person’s whereabouts are unknown, the court may make substituted orders to allow service through email or other means.
In some cases, a DVO can affect the divorce process or timeline, depending on the complexity of the case and whether service of the documents has been successful.
If you are unsure where the other person resides, because there is DVO in place preventing contact, serving them may be difficult. This may delay the process, in order to have them served by alternative ways. It is important if you are the Respondent in a DVO preventing contact you seek legal advice regarding ways to serve the documents that won’t contravene an order.
Once the proceedings have been commenced, the Court may request a party to provide evidence in the form of an affidavit, or further information outlining the domestic violence circumstances.
At the divorce hearing, the judicial officer will review the application, the evidence and the domestic violence allegations, and can make determination whether a divorce is granted.
In some cases, the judicial officer may adjourn the proceedings for a party to provide the Court with further information, or evidence to assist the court proceedings in making a decision.
Due to the complexities of domestic violence in divorce proceedings, you should seek legal advice regarding the process and service requirements, or what evidence is required to be provided to the Court.
Initiating divorce proceedings where there is domestic violence present can be an overwhelming and challenging time. Elysian Law can assist clients in obtaining a divorce orders in the Federal Circuit and Family Court of Australia. We can guide you through the legislation requirements and advocate for a swift divorce order particularly where family violence has impacted the marriage.
Contact Elysian Law team for confidential free consultation and discuss our fixed fees and payment plans.
For more information on your rights and legal options regarding Domestic Violence Orders (DVOs) and divorce, explore our articles and dedicated legal services:
At Elysian Law, we understand the profound impact these issues can have on both your personal and professional life. Our team is committed to providing expert legal guidance and compassionate support tailored to your unique needs.
Domestic and family violence, can have devastating effects on individuals and families. If you are in immediate danger or facing a life-threatening situation, your safety is the top priority.
Call Triple Zero (000) and ask for Police if you need urgent assistance.
If you’re not ready to speak with the police, there are other confidential support options available:
DV Connect: Call 1800 811 811 for support and guidance.
1800 RESPECT: Available 24/7 at 1800 737 732 for expert advice and resources.
We encourage you to reach out to these services for the help and support you need, or to find additional resources. No one should face these challenges alone.
Author: Laura Summerville
At Elysian Law, we pride ourselves on achieving the right outcomes for our clients. One recent case demonstrates our team’s skill in navigating the nuanced legal framework surrounding domestic violence orders and Police Protection Notices (‘PPN’).
Pursuant to Section 37 of the Domestic and Family Violence Protection Act 2012 (Qld), a Court can only make a Final Protection Order if it is satisfied of three key legal elements. These form the foundation of any application for a protection order in Queensland.
The Applicant must prove to the Courts on the balance of probabilities that there is a:
Our client, a young single man had a brief consensual relationship with a woman that developed primarily through Instagram communication.
The relationship, which lasted approximately one to two months, ended when the woman requested no further contact. Our client respected her wishes. However, in the weeks that followed, she continued to engage with him, asking him to complete odd jobs for her and initiating contact at their local gym.
Despite the lack of engagement, the woman later filed a complaint with the Police, alleging domestic violence. The Police conducted a preliminary investigation in which both parties made admissions to being in a very short sexual relationship. They further stated they had no other connection to each other and no desire or intention to see each other again. Upon this, the Police served our client with a PPN naming him as a respondent and seeking a Protection Order be imposed with strict conditions for five years.
The case hinged on a critical legal question: Was there a “relevant
relationship” as defined under the Domestic and Family Violence Protection Act?
We immediately acted to contest the Temporary Protection Order. As we had limited time, we provided the Court evidence which supported our client’s position that illustrated the true nature of the relationship between the parties.
At the first Court mention, we argued that the relationship did not meet the legal definition of a relevant relationship. Furthermore, that the evidence and continued interaction post-relationship showed that the grounds relied on in the PPN were not accurate.
We also made successful submissions that this matter was unique and should not proceed to a hearing as there was no evidence to support the application.
The Court agreed with our position and declined to make a Temporary Protection Order and listed the application for a Pre-Trial Hearing. Only in exceptional circumstances can applications be assessed during a Pre-Trial Hearing.
Following this success, we provided further evidence from the client which showed that at time of the brief consensual relationship it was also not an exclusive relationship.
We relied on the decision of MDE v MLG & Queensland Police Service [2015] QDC 151 which details the test for a ‘couple relationship’ which is one of the accepted relevant relationships. The Court considered factors such as mutual trust, dependence, commitment, financial interdependence, joint property ownership, joint bank accounts, sexual relationship, and exclusivity. The case also assessed whether the parties in their interactions were ultimately testing each other’s suitability for the relations to advance to an ‘intimate relationship’.
We applied this case to the facts and argued the relationship did not meet the threshold of a couple relationship; therefore, it was not a relevant relationship under the Act. Thus, the application must be dismissed.
Once again, the Court agreed with our legal arguments. The application was dismissed in full, and our client was relieved of the significant stress and stigma that can accompany such proceedings.
This case serves as an important reminder that not every personal
relationship qualifies for a protection order, and that deserving applications must be challenged. This maintains the integrity of applications before the Court.
At Elysian Law, we ensure our clients’ rights are robustly defended and that the law is applied fairly and appropriately.
This article is of a general nature, and some identifying features of the case has been deliberately left out to protect our clients. It should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact our experienced Domestic and Family Violence Lawyers at Elysian Law.
Contact Elysian Law team for confidential free consultation and discuss our fixed fees and payment plans.
For more information about your rights and legal options if you’re responding to a protection order or facing domestic violence-related allegations, you can explore our dedicated legal services:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation and holistic care.
Author: Nichale Bool
