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.
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
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.
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
In Queensland, a cross-application for a Domestic Violence Order (DVO) occurs when two individuals in a relevant relationship (such as intimate, family, or informal care relationships) each seek a protection order against the other. This often arises in cases of conflicting allegations of domestic violence or when both parties claim to be acting in self-defence.
A cross-application involves the submission of a DVO application (or on behalf of) the aggrieved, along with, or followed by, an application for a DVO made by (or on behalf of) the respondent listed on the original DVO application. Cross applications can be submitted by both police and individuals.
Recent amendments to Queensland’s Domestic and Family Violence Protection Act 2012 (‘DFVPA’) have reshaped how courts handle cross applications, where both parties seek protection orders against each other.
In circumstances where there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection, the Courts must determine who is the person in most need of protection. (s4(e)(i).
In 2015, the “Not Now, Not Ever” report recommended changes to the DFVPA to require courts to “consider concurrent cross applications at the same time and a later application and related cross application or order (s41 at the time gave the court a discretion to hear the cross applications together’.).
Under the updated legislation, cross applications must now be heard together unless exceptional circumstances apply. This ensures the court can assess the full context of the relationship and avoid conflicting or duplicative orders.
Most notably, the court is now required to determine which person is “most in need of protection”. Section 22A of the DFVPA outlines how courts must assess which party requires the protection order. The court must consider the behaviour of both parties in the context of the relationship as a whole.
A person is deemed most in need of protection if:
The court must weigh:
Only one protection order will be made unless there is clear evidence that both parties require separate orders.
This legislative shift reinforces the principle that domestic violence is not mutual conflict, it is a pattern of abuse and control.
Elysian Law Solicitors has proven experience dealing with the complexities of cross applications in Domestic and Family Violence Proceedings. Where there are conflicting allegations of domestic violence, it is imperative that you receive legal advice and expert representation to place the best evidence before the Court for the Court to determine who is most in need of protection.
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.
Urgent assistance and legal support for DVO applications. If you are in urgent danger, immediate action is needed.
For urgent danger, call the police on Triple Zero – 000
Urgent housing, call Womensline 24/7- 1800 811 811
Legal support – Once you’re safe, contact us for guidance on applying for a (DVO). We will assist you through the process and ensure your legal rights are fully protected.
In an emergency, always call 000.
At Elysian Law, we are committed to ensuring that every client’s story is heard with dignity, and that justice is pursued with compassion and clarity. Recently, we were proud to assist a client facing a distressing and complex legal situation involving an application for a Domestic and Family Violence protection order bought by the police at the Ipswich Magistrates Court.
The case involved a young man who, after experiencing a personal crisis and struggling with the heavy burden of undiagnosed Post-Traumatic Stress Disorder (PTSD), attempted to take his own life by crashing his vehicle while heavily intoxicated.
After our client was taken to the hospital, the police interviewed him to assess whether a protection order was required. An interview should have never taken place due to the client’s mental health state and incredibly high level of intoxication.
Police subsequently filed an application for a protection order on behalf of his partner and before we could assist, a Temporary Protection Order was imposed. It must be noted; despite his partner not being supportive of a protection order, the police have the power to make the application.
The material provided by police initially framed the event within the scope of domestic violence legislation. However, after a careful review, our team identified that the real issue was not one of violence, but a mental health crisis stemming from our client’s service in the Australian Defence Force and childhood trauma.
We took swift action, filing detailed material with supporting evidence in response to the application. Once material was filed, we made submissions to the police which outlined that the evidence did not support acts of domestic violence occurred and that a protection order was not necessary to protect his partner from future acts of domestic violence. This is a key legal threshold in the Domestic Violence Legislation. We submitted that the true issue lay in the ongoing struggle with post-traumatic stress disorder—a condition tragically common among our veterans.
After considering the submission and material we provided, the police withdraw the protection order application from court proceedings. This outcome not only cleared our client’s name but also allowed him to return to work as a defence force member as he had been ‘stood down’ due to domestic violence proceedings.
This case highlights two key principles at the core of Elysian Law’s work:
Post-Traumatic Stress Disorder (PTSD) is a serious and often misunderstood mental health condition that affects a significant number of current and former members of the military. While many service members experience trauma during their time in the Defence Force, untreated PTSD can have profound and long-lasting consequences for their mental, emotional, and social wellbeing.
PTSD is a psychiatric disorder that can occur in individuals who have experienced or witnessed traumatic events such as combat, serious accidents, natural disasters, or violent personal assaults. For military personnel, combat exposure, the loss of fellow soldiers, or exposure to life-threatening situations are common triggers.
PTSD can affect a person’s mental and emotional state, lead to relationship breakdowns, substance abuse, employment challenges, legal implications due to being untreated and sometimes self-harm.
We and the Court also note that not every case is the same as this, and tragically sometimes a partner and their family will need protection from a person who is suffering from PTSD. Each case is unique and must the assessed with care. It is difficult in some cases for police to assess within limited time and resources the real underlying motive and risk of a case.
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.
We understand that some clients come to us not because they are criminals or perpetrators of domestic violence, , but because they are suffering. We are committed to advocating for individuals whose legal matters intersect with mental health—especially those involving military service or front-line workers.
We believe in:
If you or someone you know is facing a legal issue that intersects with mental health, military service, or unfair allegations, Elysian Law is here to help. Our experienced team is committed to advocating with empathy, discretion, and strength.
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.
If this article has raised distressing thoughts or feelings, or if you or someone you know is struggling, support is available:
Lifeline – 13 11 14 (24/7 crisis support)
Beyond Blue – 1300 22 4636
Open Arms (for veterans and families) – 1800 011 046
In an emergency, always call 000.
Author: Nichale Bool
Economic abuse is increasingly recognised in Australian legislation as a powerful and insidious form of domestic and family violence. Under Queensland’s Domestic and Family Violence Protection Act 2012 (‘DFVP Act’), economic abuse is defined and treated seriously by the courts. Whether you’re seeking protection, legal clarity, or recovery after abuse, understanding this issue is the first step.
The DFVP Act contains a list of acts and behaviours which are defined as domestic violence. The courts use these definitions to assess if a person has committed an act of domestic violence. Within the meaning of domestic violence, the DFVP Act notes an act which is ‘economically abusive’ is an act of domestic violence.
Section 12 of the DFPV Act goes into detail of what is economic abuse. It can be a series of acts/behaviour or one isolated act.
The act/s must be done by one person (respondent) to another person (aggrieved) that is either coercive, deceptive or unreasonably controls the aggrieved without the aggrieved’s consent that either:
(a) in a way that denies the aggrieved the economic or financial autonomy the aggrieved would have had but for that behaviour; or
(b) by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the aggrieved or a child, if the aggrieved or the child is entirely or predominantly dependent on the respondent for financial support to meet those living expenses.
Examples of economic abuse include:
Importantly, economic abuse does not need to involve physical violence, sometimes it is not obvious and can be subtle.
There are a wide range of acts which the court may find to be economic abuse as each case is assessed on its own circumstances and the courts purposely give a wide meaning to these definitions.
As such, we always advise clients when leaving a relationship, to be very cautious bout taking money from shared accounts, cancelling bill repayments and not keeping up to date with child support payments. Parties should be advised and agree to changes before they are made.
Economic abuse in relationship often hides behind traditional financial roles, making it hard to detect until significant harm has occurred. It may start subtly, such as a partner managing all the bills “for convenience,” but evolve into complete financial dependency and control.
Signs include:
Partners may feel trapped due to a lack of resources or fear of financial ruin. Recognising these signs early is critical in taking protective legal steps before a person’s power is eroded.
While often used interchangeably, economic abuse and financial abuse carry distinct meanings in legal contexts.
Australian law, particularly in Queensland, now recognises economic abuse as a specific category of domestic violence, expanding protections and available remedies.
There is a strong link between coercive control and economic abuse. Coercive control refers to ongoing patterns of behaviour used to dominate and intimidate a partner, without the use or threat of physical violence. Coercive control is more calculated and harder to detect.
Economic abuse is one of the most common tools used in coercive control. It reinforces dependency and removes autonomy.
This might include:
In 2025, Queensland courts are increasingly recognising this hidden abuse pattern when issuing protection orders and during family law proceedings.
In a post-economic abuse divorce, Australian courts must now assess how abuse impacted a party’s ability to contribute financially or make informed financial decisions. The Family Law Act allows consideration of family violence, including economic abuse in property settlements.
The courts may examine:
In 2025, it is expected that economic abuse claims will play a larger role in adjusting property entitlements to ensure fairness and justice in separation outcomes.
Regaining control after economic abuse takes both emotional resilience and legal support.
Key legal considerations include:
Legal guidance can ensure that your financial recovery is supported by enforceable orders and long-term planning strategies.
After surviving economic abuse, many people are understandably cautious about new relationships.
Legal safeguards can help:
Taking proactive legal steps offers peace of mind and reduces the risk of repeated patterns of abuse.
A Magistrates Court decision from the Ipswich court in 2020 was appealed to the District Court after the Magistrates had found the act of forgiving a debt was an act of economic abuse. On appeal, Byrne QC DCJ held that in the circumstances the forgiveness of debt was not an act of economic abuse, however the overall behaviour of the respondent was domestic violence.
Facts:
Two parties entered a de-facto relationship later in life. The respondent bought to the relationship, two properties which had tendency incomes. The aggrieved did not own property. The respondent’s son ended up living in one of houses and entered into a Deed Agreement stating he would live rent free in the house as a loan of $68,000.
Some years later, the respondent and aggrieved jointly bought land that had a
shed on it for the purpose of the respondent building them a house. The relationship broke down and it was found the respondent had committed several acts of domestic violence. Before a property settlement was heard in the Federal Court, the respondent forgave the debt owed to him by his son to allow his son to buy a house. This remove the debt owed to the respondent by his son from the ‘property pool’ to be split between the respondent and aggrieved.
Findings:
The District Court found there was insufficient evidence to show that the forgiveness off the debt denied the aggrieved economic or financial autonomy and the evidence should he had provided the aggrieved with financial support.
However, it was found that the overall behaviour of the respondent was domestic violence. Further, the fact that the debt was forgiven before property proceedings was a deliberate attempt to remove the debt owing from the asset pool.
Further, acts involving property law proceedings which are another court jurisdiction can be consider in domestic violence proceedings as the Magistrate must assess how parties have behaved overall, but not the amount parties are entitled to or the division of property.
At Elysian Law, we are dedicated to helping people acknowledge they have suffered economic abuse or to ensure they do not commit an act of economic abuse upon separation. This can be a very complex area to navigate alone. To avoid court proceedings, when possible, in the best interest of all parties when families break down.
Contact the Elysian Law team for a confidential free consultation.
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:
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.
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.
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.
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.
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.
