Author: Laura Summerville, Legal Practice Director

The Family Law Amendment Act 2024 (“the Act”) passed on 10 December 2024 and with it introduced significant reforms to financial matters in family law proceedings. The reforms come into effect on the 10 June 2025 and will reflect a broader effort to enhance fairness and protect vulnerable parties in financial disputes including an expanded definition of “Family Violence”.

 

Some of the key reforms of note are: 

1. Economic Impact of Family Violence

Courts must now consider the economic effects of family violence when determining property settlements. This is referred to as financial abuse. It includes controlling a partners’ finances or restricting their financial autonomy. Dowry abuse is explicitly recognised as a form of family violence.

2. New Framework for Property Settlements

The reforms will bring a structured and codified approach for Courts to follow when assessing property division, considering contributions,
future needs and fairness.

Sections 79(4)(c) and 90SM(4)(c) of the Act will be amended to consider the effect of family violence on a party in respect to contributions. Courts will now be required to assess how financial control, or coercion has impacted a party’s ability to contribute financially or non-financially to the relationship.

The duties of financial disclosure between parties in financial matters have been elevated from the court rules into the Act to improve transparency and compliance.

3. Spousal Maintenance Considerations

Family violence is now a factor to be considered in spousal maintenance decisions, recognising that abuse can limit a person’s ability to earn or manage finances. 

Courts will assess the long-term financial impact of domestic violence on a party’s future circumstances. 

4. Treatment of Companion Animals

The Act introduces a new legal definition for companion animals, separating them from other property considerations in settlements. The reforms recognise the emotional and significant of pets in separation proceedings.

Instead of treating pets as assets to be divided, courts will assess who has provided primary care and who can best meet the animal’s welfare needs.

Other factors the court will have regard to are:

1. How the animal was acquired;
2. Who has ownership or possession of the animal;
3. Family violence;
4. Historical of actual or threatened abuse towards the animal;
5. Any attachment of the party of children to the animal;
6. The ability of each party to care for the animal; and
7. And any other factor  the Court considers relevant.

This aligns with a broader shift toward non-adversarial resolutions in family law.

The Act acknowledges that companion animals can be used as a form of coercive control in abuse relationships. Courts may issue Orders to protect pets from harm or neglect.

5. Less Adversarial Approach

Courts now have discretion to adopt a less adversarial approach in financial matters, particularly where family violence is involved.

This aims to streamline proceedings and reduce conflict where there is family violence present.

Final Thoughts

The Act expands the definition of “Family Violence” and provides examples of behaviour that might constitute economic of financial abuse, including;

a. Denying the family member financial autonomy;

b. Unreasonably withholding financial support;

c. Coercing a family member to give or seek money or do things in connection with a practice of dowry;

d. Hiding or denying things done or agreed to by the family member in connection with a practice of dowry; and

The reforms will apply to new and existing cases, except where a final hearing has already commenced.

These reforms reflect a stronger legal framework for addressing financial abuse and coercive control in family law disputes. The reforms aim to simplify financial division, improve fairness and strengthen protections for vulnerable parties in family law disputes.

Elysian Law can help clients understand economic abuse provisions of the Act and understand what acts can amount of economic or financial abuse
and the evidence that will be required.

We can guide you through the new structured framework and advocate for a fair settlement, particularly where family violence has impacted
financial contributions.

Contact Elysian Law team for confidential consultation and discuss our fixed fees.

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’. 

What is Hannah’s Law?

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

What Is Coercive Control: Criminal Offence section 334C

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.

Affirmative Consent: A Shift Towards Clearer Boundaries

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. 

179A Engaging in domestic violence or associated domestic violence to aid respondent

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: 

  1. Threatening, harassing, or intimidating the protected person on behalf of the respondent.
  2. Assisting the respondent in breaching a protection or restraining order.
  3. Acting as a proxy for the respondent to continue coercive control or abuse
  4. Facilitating communication or contact that is otherwise prohibited by court orders.

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.

Implications for Queenslanders

For Victims and Survivors:

  • Legal Recourse: Victims of coercive control can now seek justice through the criminal justice system, with perpetrators facing significant penalties.
  • Support Services: Enhanced training for law enforcement and support services aims to provide better assistance to those affected by domestic and sexual violence.  

For Offenders:

  • Increased Accountability: Individuals engaging in coercive control or non-consensual sexual activities now face clearer legal consequences, including potential imprisonment. 
  • Legal Defence: The introduction of affirmative consent means that the onus is on the accused to prove that consent was obtained, shifting the legal landscape for sexual offence cases.  

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.

Author – Laura Summerville, Legal Practice Director

The Queensland Government has introduced a Bill to make landmark reforms to the Domestic and Family Violence Protection Act 2012 (‘The Act’). The Bill aims to provide stronger protections for victim-survivors and hold perpetrators accountable.

From 30 April 2025, the following changes have been implemented:

1. Police Protection Direction (PPD):

Police can now issue an on the spot 12-month protection order without needing immediate court approval or intervention. Previously police issued notices (PPN) which provided temporary orders for up to five days until the matter came before a Court for determination. Typically, a court ordered protection order is for a period of 5 years.

2. Stronger penalties:

Perpetrators who commit acts of domestic violence while subject to a protection order can face up to three years in prison.

3. GPS tracking for high-risk offenders:

The Queensland Government is rolling out 150 GPS tracking devices to monitor offenders to prevent potential future harm.

4. Safeguards against misidentification:

Concerns have been raised about police misidentifying victims of perpetrators. The new laws include review mechanisms to ensure the right individuals receive protection. 

5. The video recorded evidence in chief (VREC) scheme:

This has been under trial and will be expanded across Queensland.

The most notable changes are providing the police powers to issue a Police Protection Direction (‘PPD’). This direction is a temporary order made by the police and issued ‘on the spot’ to alleged perpetrators of domestic violence. The order remains in force for 12 months without requiring parties to attend Court.

These reforms aim to provide immediate safety for victim-survivors while streamlining the police process. It is likely to answer the police concerns regarding too much redtape in a time when resources are stretched.

A police officer may issue a PPD if the officer reasonably believes that:

    1. The respondent has committed domestic violence;
    2. A police protection direction is necessary or desirable to protect the aggrieved from future acts of domestic violence; and
    3. It is more appropriate to issue a PPD than make an application for

Circumstances where police will not issue a PPD and instead parties are required to attend court are:

    1. Where the respondent or aggrieved is a child;
    2. Where the respondent or aggrieved is a police officer;
    3. Where the respondent should be taken into custody in relation to the relevant domestic violence;
    4. A domestic violence order or recognised interstate order relating to the respondent and the aggrieved is in force or has previously been in force (regardless of who is or was the respondent and who is or was the aggrieved);
    5. A police protection direction against the respondent is in force or has been in force;
    6. Where the respondent has been convicted of a domestic violence offence in the previous two years;

    7. A proceeding for a domestic violence offence against the respondent has started but not been finally disposed of;
    8. An application for a protection order against the respondent has been made but not finalised;
    9. Where the respondent has allegedly used or threatened to use an offensive weapon or instrument to commit the domestic violence;
    10. Where there is an indication that’s both persons in the relationship are in need of protection; and the person who is most in need of protection in the relationship cannot be identified (cross protection orders applications); or
    11. Where a child is a named person on the PPD, and conditions other than standard conditions are needed to provide protection.

Police officers will be required to seek approval from a Supervising Police Officer. PPD’s that include an ouster, or no contact condition must be approved by a Supervising Officer of at least the rank of a Senior Sergeant, otherwise a PPD must be approved by a Sergeant.

The Supervising officer has discretion to issue a PPD or a Police Protection Notice (‘PPN’). A PPN requires parties to attend Court to consider an application for a protection order.

Can the PPD be reviewed?

Yes, parties to a PPD can review the Direction.

A police officer can on their own initiative review the PPD if they become aware of circumstances, or reasonably believes there are circumstances, that were not known or considered at the time the PPD was issued and may have affected the direction if known.

The aggrieved, respondent, authorised persons for the aggrieved or a named person may apply for a police review of a PPD.

An application for review must be made within 28 days after the PPD was issued.

The aggrieved or respondent can also, bring an application to a court to review the PPD during the 12 months the PPD is in force. A party does not need to have brought a police review to request a court review. It is important to note that a review is not an appeal.

What is considered when a PPN is reviewed?

The Court will be required to consider whether a protection order is necessary or desirable at the time of the review, not at the time the PPD was issued. The Court may make any order that is currently available in relation to hearing an application for protection order. The Court might also make an order setting aside the PPD or decide to dismiss the application or protection notice.

What are QPS electronic monitoring devices?

The Bill proposes changes for electronic monitoring of high risk domestic and family violence perpetrators. The Courts are already required to consider making ouster conditions, and conditions that prohibit the respondent from approaching, following, and contacting the aggrieved person. Under the Bill the Court will also be required to consider a monitoring device when considering these conditions of protection.

The court may impose a monitoring device if it is satisfied that:

1. The wearing of the device by the respondent is necessary or desirable to protect the aggrieved from domestic violence, or a named person from associated domestic violence or a named person who is a child from being exposed to domestic violence;

2. The respondent has been convicted of or is charged with a domestic violence offence or indictable offence involving violence against the other person or there is a history of charges for domestic violence offences made against the respondent.

3. The monitoring device may be imposed only for the period the court considers reasonably necessary in all the circumstances of the case; and

The court must give reasons for imposing the monitoring device condition.

What is video recorded evidence in chief?

The Bill will streamline and expand the framework currently in the Evidence Act 1977 (Qld) and ensure the complaint’s evidence is accurately and effectively presented in the Magistrates Court. The framework allows adult complainants in domestic violence criminal proceedings to give their evidence-in-chief by way of a video recorded statement.

The trial was rolled out in Ipswich, Southport and Coolangatta Magistrate Court, and due to the positive result will now be expanded across Queensland.

What is required to have video recorded evidence in chief?

In order for the video recorded evidence in chief to be admissible in a proceeding the following must apply.

  • The recorded statement must be taken by a police officer;
  • The complainant must be informed about the use of the implications of the recorded statement;
  • The statement must include a declaration by the complainant and if necessary, an oral or written translation into English;

The recorded statement can be used in various types of domestic violence proceedings, such committal and summary proceedings.

These changes are a significant change in Queensland’s domestic violence laws and will require professional and expert advice to navigate the proceedings in a timely manner.

If you need any assistance in relation to a domestic and family violence matter, contact Elysian Law today.

Author – Laura Summerville

If you are like us, (and the two million viewers) tuning into Married At First Site (MAFS) every night, you’ll appreciate the drama and the roller coaster of emotions these couples go through to find ‘true love’.

As lawyers specialising in relationship law, watching each episode of MAFS, we are noticing the negative behaviours between the couples and how it leads to conflict throughout the series. 

The toxic behaviour displayed in this season of MAFS started off with a bang from Katie and Tim. But now looking back further into the series, that was just the tip of the iceberg of the negative things people do or say to their ‘loved ones’; albeit even a stranger they don’t know. 

As viewers, we accept we are at the mercy of the producers that curate these moments. Because of this, we may take moments out of context as the editing team wants to ‘put on a show’. However, the underlying tone is still there. The behaviour in these marriages is indicative of real-life relationships. 

To the benefit of the TV program, there are two million people each night watching the dynamics and questioning the behaviour, and (like us) talking about it and calling it out as unacceptable. 

These are some of the negative behaviours we’ve noticed this season:

Gaslighting – What is gaslighting?

Gaslighting is a form of manipulation leading the other person to question their own perception, views, or even sanity. It might be saying something as direct as “you had five margaritas, you don’t remember the real story”.  Leading a person to question their own perception of something and doubt themselves. 

Ignoring, or disappearing:

When the other person leaves for days on end, and won’t tell you where they are going, who they are going to see, and what they are doing. They then come home and act like everything is okay. 

Love bombing:

Love bombing can appear at any time during a relationship. In this context, it is occurring during the ‘honeymoon phase’. The partner will shower the other person with gifts or affirmations, be very attentive, and be ‘the perfect person’. After a period, the love bombing ends (sometimes abruptly) and the person either disappears (as above) or shows a different side of themselves. 

‘Flying monkeys’ or ‘building an army’;

The clear example of this is between Adrian and Awhina this week in the family and friends’ episode. Bringing the partner along to family and friends to ‘have at her’. Sometimes called flying monkeys, because friends and family are sent in to do the work of the abuser. This is also a form of isolation. 

Controlling;

When a person wants to leave the marriage/ relationship, but the other person coerces them into staying. 

Public humiliation;

A person will humiliate the other person. We see this in every series of MAFS, particularly at the commitment ceremonies. An example of this recently is telling people that an intimate moment the couple shared wasn’t that ‘great’ to belittle and humiliate them.

Nitpicking;

For example, writing a trivial list of all the negative things about the other person’s personality you disagree with and think they need to change. In this season, one person felt the need to raise with their partner the fact she read non-fiction books, and he read fiction books. This could also be a form of controlling behaviour.

Aggression;

Most recently, we have seen examples of aggression through the forms of yelling, belittling, or property damage. For example, when someone tells their partner something about them that upsets their partner, they get aggressive and punch a wall. Shouting over the top of people, pointing fingers, and using words to belittle them is also commonly present.

All of these things are negative behaviours in a relationship and should be treated as ‘red flags’. While we love MAFS for the reality TV drama it is, we are also grateful for the show (and others like MAFS) because it brings these behaviours to the forefront, in people’s living rooms, and gives us the ability to identify these behaviours as not being acceptable and discuss it with family and friends. These behaviours, whether in isolation or in combination with each other, can negatively impact upon a person’s health and wellbeing.  Attached is a factsheet that defines other negative behaviour traits, understanding coercive control.

At Elysian Law, we often hear people recount their experiences in a relationship and how over time, each of these acts or behaviours leads to a person slowing becoming dominated and their confidence and independence being eroded. This is when a relationship becomes unhealthy and people may need the law to intervene to stop this behaviour and allow them to move on. 

If you or someone you know is in a domestic violence relationship, reach out for support today, or contact us for free legal advice. It never too late to ask for help or advice. 

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.

What is the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024?

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: 

  1. Bail Act 1980;
  2. Criminal Code; 
  3. Domestic and Family Violence Protection Act 2012 and the Domestic and Family Violence Protection Regulation 2023; 
  4. Evidence Act 1977 and the Evidence Regulation 2017; 
  5. Justices Act 1886; 
  6. Penalties and Sentences Act 1992; 
  7. Recording of Evidence Regulation 2018; 
  8. Security Providers Act 1993; 
  9. Youth Justice Act 1992; and
  10. Legislation mentioned in schedule 1 for particular purposes, and to repeal the Criminal Law (Sexual Offences) Act 1978

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. 

PHASE ONE: Completed

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. 

PHASE TWO: To be completed 

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.

PHASE THREE: To be completed (Coercive control laws)

Coercive Control

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. 

Aiding a respondent

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.

What should I do if I am experiencing domestic and family violence before May 2025?

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.

Summary

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.

What is the Charge of Domestic Violence?

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.

Types of Domestic Violence Charges

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:

Assault Charges

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.

Choking/ Strangulation

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 

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 and Intimidation

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).

Property Damage and Destruction

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. 

Emotional and Psychological Abuse

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.

Breach of Domestic Violence Orders (DVOs)

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).

Coercive Control

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. 

Consequences of Domestic Violence Charges

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.

Can a Victim of Domestic Violence Be Charged?

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.

Domestic Violence Criminal Charges in Australia

In addition to the specific charges outlined above, domestic violence charges may also fall under broader criminal offences:

  • Sexual assault: In domestic contexts, sexual assault is a serious charge, carrying severe penalties. 
  • Kidnapping or unlawful confinement: In some situations, restricting a partner’s movement or holding them against their will can lead to kidnapping or unlawful confinement charges.
  • Financial abuse: Though not a criminal charge on its own, financial abuse may be referenced in court as part of a pattern of domestic violence. Financial abuse involves restricting access to money, employment, or resources, which can impact the sentencing of other charges.

Seeking Legal Support for Domestic Violence Charges

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.

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