A subpoena is a legal document that orders a person to appear in court, recount their version of events, or produce evidence relevant to a case. Subpoenas are commonly used in both criminal and civil cases to ensure that essential information is available to the court. In domestic and family violence proceedings, this is often someone’s counselling notes or records, hospital reports, school reports or any other information that may seem relevant to the proceedings. If you have been served with a subpoena to attend or produce documents, it is important to understand your legal obligations and rights, as failing to comply with the conditions of a subpoena can result in penalties.
At Elysian Law, if you are a person who has experienced domestic and family violence and have been ordered to produce private and confidential documents (such as counselling notes) we are here to help you understand what a subpoena is and guide you through the process.
If you have been served with a subpoena, contact Elysian Law immediately for expert legal advice.
At Elysian Law, we understand the Court process in relation to the Domestic and Family Violence Protection Act 2012 which can be overwhelming and daunting, it is important to have trusted legal representation to guide you through the process and explain the court procedure and your matter as thoroughly as possible. At Elysian Law it is important to us, that people facing domestic violence allegations feel empowered in their matter and make decisions based on trust and expertise.
Have you recently been served an application for a protection order? Or wishing to have an order made against someone perpetrating violence? Immediately contact Elysian Law to help guide you through the legal process.
If a person is experiencing domestic violence abuse, they can apply to the court for a protection order. Protection orders aim to protect parties (including children) who have been subject to domestic violence against any future acts of domestic violence.
Under Queensland’s Domestic and Family Violence Act 2012 (the Act), an application for a protection order can only be made by:
There are three elements that the court must be satisfied of before making a protection order. These are:
The first element is that the court must be satisfied that a relevant relationship exists between the aggrieved and the respondent. There are three types of relationships defined under section 13 of the Act which are:
Under each of these, the legislation provides particular examples and further categories.
An “intimate personal relationship” includes a spousal relationship, an engagement relationship and a couple relationship.
A family relationship exists between 2 persons if 1 of them is or was a relative of the other (s19(1)).
Examples of an individual’s relative include a spouses’ child, step-child, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt in law.
An informal care relationship requires one person to be or to have been dependent on another person, a carer, for help in an activity of daily living such as dressing or personal grooming, preparing or assisting a person eating meals, shopping for a person’s groceries, or telephoning to make medical appointments for a person (s20(1)).
Section 8 of the Act defines acts of Domestic violence as behaviour that is:
The third element that the court must be satisfied of when making a Domestic Violence Order is that the order is necessary or desirable to protect a person from future domestic violence (s37(1)(c).
The court has extensively considered the element of whether “a protection order is necessary or desirable.
In MDE v MLG & Queensland Police Service[1] Judge Morzone QCE DCJ expressed the view that the third element of whether “the protection order is necessary or desirable to protect the aggrieved from domestic violence” requires a three-stage process supported by a proper evidentiary basis;
When a Court makes a protection order, the order will be in place for 5 years (the standard duration) unless the court otherwise orders.
Under recent federal changes to the Domestic Violence provisions, any Protection Order that is made in Queensland (or other states) will be nationally recognised in all Australian states and territories, as well as in New Zealand. This means that if an order is put in place in another state such as Victoria, and the order is breached in Queensland, the breach will still constitute a criminal offence.
A Domestic Violence order can also affect the respondent’s ability to hold a weapons licence and your eligibility to possess a firearm. This could be detrimental if a weapon is required for employment (eg. members of the Australian Defence Force or Queensland Police Service).
If you are experiencing Domestic Violence in a relationship or are a named party in a Domestic Violence Application, it can be helpful to get legal advice to understand your rights and options moving forward. Being proactive and seeking this assistance as soon as possible will allow us to start working on the best possible outcome for you.
Contact us today to speak with an experienced Domestic and Family Violence solicitor.
[1] [2015] QDC 151.
Domestic and family violence involves a range of behaviours used by one person to exert power and control over another with whom they have, or have had a close relationship. In Queensland, domestic and family violence is recognised not only as physical abuse but also includes emotional, financial, isolation, and sexual abuse. It can also involve coercive behaviour that causes a family member to feel controlled or fearful. It can include continuous missed calls, name calling or describing how another person parents etc. There is no one clear and absolute definition of what acts and behaviour will amount to being an act of domestic and family violence. If contested, a Magistrate will look at the whole unique circumstances of each case, the nature of the relationship and the intention behind the act before they determine if the act to be one that is domestic and family violence.
Queensland’s legal system addresses domestic and family violence through the Domestic and Family Violence Protection Act 2012. This Act defines domestic and family violence and outlines the legal remedies available to protect victims, including the issuance of protection orders and conditions. The law aims to provide safety and protection for victims and their families, ensuring swift and effective legal responses to incidents of domestic and family violence.
In Queensland, individuals can apply for a Domestic Violence Order (‘DVO’), which serves to protect them by restricting the offender’s behaviour. The conditions may prohibit the offender from approaching the victim at home, at work, or within their community. Additionally, Queensland offers various support services, including counselling, legal aid, and emergency accommodation, to help victims of domestic and family violence navigate their circumstances safely and securely.
Elysian Law is an expert Domestic and Family Violence Firm with experience in a broad range of law in Queensland. At Elysian Law, we provide holistic and full-scale legal support to people facing Domestic and Family Violence. Being a party to a Domestic and Family Violence proceeding can have implications in other areas of someone’s life, such as employment and family court matters.
Elysian Law has proven experience in getting the best possible outcome in domestic and family violence matters as well as advocating for people in their employment to ensure their rights are protected and they can continue to work.
If you have recently been served with an application for domestic and family violence application and unsure how these proceedings will affect your employment. Contact Elysian Law today for a free consult and plan moving forward.
A protection order issued under the Domestic and Family Violence Protection Act 2012 (‘DFVA’) in Queensland, is designed to prevent further acts of domestic and family violence. As a respondent, this order can have various restrictions on you. These restrictions may also affect some people’s employment.
For example, the Court may order the prohibition of a weapon. If you are required to possess a firearm as part of your employment (such as a Police Officer or Australian Defence Force member) and your firearm has been prohibited, this may have serious consequences for your ongoing employment as you are unable to fulfill your role.
If a condition of your employment is to hold a blue card, an order may affect your eligibility to apply or maintain your blue card.
Or if you are named as a respondent in a protection order or charged with a related criminal offence, you may be breaching your employment contract.
There are other relevant legislations that also contain provisions regarding employment and domestic and family violence that are not as well known. For example, if you hold a security guard licence and are charged with a serious domestic violence offence, your licence will be automatically cancelled (Security Providers Act 1993).
It is crucial to fully understand the specific conditions of the order, and how a protection order can affect your employment before you consent to an order. It may feel easier to accept a protection order in the moment, however you do have the right to adjourn your matter at court to obtain legal advice so you make the best long-term decision.
Employers in Queensland are required to ensure safe workplaces for their employees and play an important role in preventing and responding to domestic and family violence.
Under the Fair Work Act 2009 (‘Fair Work Act’), employees are entitled to ten days paid family and domestic violence leave each year. This includes full-time, part-time and casual employees. Employees must be experiencing family and domestic violence to be eligible to take this leave.
Employees are protected from adverse action if they are experiencing (or have experienced) domestic and family violence. This means, employers cannot take action against an employee.
Examples of an adverse action is dismissal, changing an employee’s job to their disadvantage or being treated differently to other employees.
It is important you understand your workplace rights when it comes to navigating domestic and family violence whether you are the aggrieved or a respondent in the proceedings.
While a protection order can pose challenges to your employment, being proactive about your legal situation can mitigate the impact on your employment. It is important you obtain legal advice form an experienced lawyer before you make a decision as an order can have unknown wider implications than just affecting a relationship and could be in place for five years.
Nichale and Laura can provide such advice during a consultation with you to ensure you are making a fully informed decision. We have proven experience in helping police officers, people with APHRA registrations, teachers, FIFO workers and many other occupations.
Obtaining a protection order is a critical step in protecting yourself from domestic and family violence. In Queensland, the process is designed to be accessible and supportive, ensuring that individuals can obtain the protection they need without difficulty. The court process is set up to be less formal and overwhelming to encourage people to come forward when help is required.
If you are applying for a protection order yourself, you have the option to:
The application must detail the nature of the domestic and family violence and the relationship between you and the respondent. Your material is evidence once it is filed at court and will be served on the other party. We always encourage people to obtain legal assistance if possible, to ensure the best possible application and evidence is before the court that tells your story and helps to support why a protection order is required.
When applying for a protection order, you will need to provide identification, any evidence of domestic and family violence, and details about the respondent (the person you are seeking protection from). It’s also important to inform the court of any existing legal orders or proceedings involving you and the respondent. Being thorough and detailed in your application will help the court understand your situation and determine the necessity of issuing the order.
Once your application is submitted, police serve a copy of the application on the respondent, ensuring they are informed of the allegations and can prepare a response for the court.
After your lodgement, the court will review it and may issue a temporary protection order until your hearing date. This hearing is where both you and the respondent can present your cases, and the Magistrate will decide whether to grant a final protection order. It’s advisable to seek legal representation or support from domestic and family violence services to prepare for the hearing. If the protection order is granted, it will set specific conditions that the respondent must follow to ensure your safety.
Coercive control is a form of domestic and family violence that involves a person using patterns of behaviour such as manipulation, isolation, and domination of another to severely restrict their freedom. In Queensland, coercive control is increasingly recognised as a serious form of domestic and family violence that can lead to mental and physical harm and requires urgent community attention.
Coercive control includes a range of behaviours designed to make a person dependent by isolating them from support, exploiting them, depriving them of independence, and regulating their everyday behaviour. These behaviours may include controlling access to finances, monitoring communication, dictating what one can wear or eat, and restricting access to friends and family.
Queensland law is evolving to address this complex form of abuse more effectively, becoming the second jurisdiction in Australia to pass laws to criminalise coercive control.
Queensland law provides processes for people experiencing coercive control to seek help. A person can apply for a Domestic Violence Order (‘DVO’), which will include conditions that prevent the abuser from continuing their controlling and coercive behaviours. Reporting coercive control to the police is also a crucial step as law enforcement is trained to handle these complexities and can provide immediate protection and referrals to a range of specialised support services.
Beyond legal remedies, Queensland offers various resources to support victims of coercive control. This includes counselling services, support groups, and emergency accommodation. Organisations such as DVConnect and White Ribbon Australia provide confidential assistance, while the Queensland Government’s Department of Child Safety, Youth and Women offers programs specifically aimed at addressing and mitigating the impact of coercive control. The Queensland Police Service and the Courts have specialised units in place that can refer people to a range of community services.
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