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.
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.
Perpetrators who commit acts of domestic violence while subject to a protection order can face up to three years in prison.
The Queensland Government is rolling out 150 GPS tracking devices to monitor offenders to prevent potential future harm.
Concerns have been raised about police misidentifying victims of perpetrators. The new laws include review mechanisms to ensure the right individuals receive protection.
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.
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.
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.
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.
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.
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.
In order for the video recorded evidence in chief to be admissible in a proceeding the following must apply.
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.
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.
For more information about topics mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732 or visit www.1800respect.org.au
DV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 | www.dvconnect.org
Mensline Australia – Support for men
Call 1300 78 99 78 | www.mensline.org.au
Author – 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 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.
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 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.
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.
When a person wants to leave the marriage/ relationship, but the other person coerces them into staying.
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.
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.
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.
On 18th March 2024, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 [Act No. 5 of 2024] (‘The Act’) was assented to. In summary, the Act will amend legislation across Queensland in three phases. The Act amends the following pieces of legislation:
The Act implements a range of recommendations due to multiple inquiries, including the Hear her Voice reports from the Women’s Safety and Justice Taskforce, the Commission of Inquiry into the Queensland Police Service, and the Royal Commission into Institutional Responses to Child Sexual Abuse.
As you can see, there are many changes to come. The main objective is to change the experience of victim-survivors (mostly girls and woman) who go through the police and court system, ensuring they are treated with respect and dignity. These changes are aimed at updating legalisation to better reflect community expectations, standards and to minimise risk to victim-survivors.
These new amendments will bring Queensland in line with other States and countries. It is important to be aware of these changes as it may directly impact you. The first phase has already been implemented.
On 23rd September 2024, phase one was rolled out across the state. This phase amended the laws surrounding consent, the defence of mistake of fact, improper questions during a sexual offence proceeding, reporting child sex offences and stealthing. Stealthing means that during intercourse both parties must consent to the removal or none use of contraceptives.
The Act also amended the Domestic and Family Violence Protection Act 2012 that a court must (no longer discretionary) consider the making of a Temporary Protection Order if a Protection Order Application is adjourned. However, this was already the general practice in most courts.
On 3rd February 2025, the Sexual Offence Expert Evidence Panel will be implemented which will allow experts to give relevant evidence in sexual violence proceedings in Brisbane and Townsvile.
Once established, an expert to give relevant evidence about a defendant’s cognitive and/or mental health impairment at the time of the alleged offence and if that was a substantial cause of the person not saying or doing anything to ascertain whether the other person consented to the sexual act.
An expert will also be able to give evidence about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence as requested by the prosecution, defence, or court.
On 26th May 2025, coercive control will be a criminal offence in Queensland (‘Coercive Control’). This means any behaviour that amounts to coercive control from 26th May 2025 onwards, can amount to a criminal offence. The maximum penalty for this offence is 14 years. If sentenced, this will be considered to be a serious offence by the courts who will assess the person’s background, the offending, impact on the victim-survivor and other factors.
Coercive Control laws mean it is illegal for a person over 18 years old to commit behaviour which amounts to a pattern of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor who is a current or former intimate partner, family member, or informal (unpaid) carer with the intention to control or coerce them.
Thus, you can be charged with Coercive Control if there is no current Temporary or Final Protection Order in place. This it is unliked the charge of contravention of a domestic violence order which requires a condition of a Protection Order to have been breached.
It is likely a person could be charged with multiple criminal offences for same act which amounts to Coercive Control.
From 26th May 2025, it will also be a criminal offence to behave in a manner which would breach or assist the respondent to breach a Protection Order or a Police Protection Notice. In essence, a person does not need to be named on a Protection Order to be charged with breaching a condition.
For example, it would be illegal for a family member or friend to call the aggrieved and intimidate or belittle them with regard to the respondent or related circumstances. It would also be illegal for a third party (e.g. private investigator) to monitor an aggrieved or named person. This has its own implications which will not be discussed in this article.
The maximum penalty of a fine of 120 penalty units or 3 years imprisonment for this offence.
In Elysian Law’s experience, the new offence of aiding a respondent to breach an order may come as a surprised to some people as often family members think a loved one needs protection and often family law matters are closely linked to domestic and family violence matters, making them emotionally volatile proceedings.
You should still make a complaint to the Queensland Police Service. The same behaviour which amounts to coercive control can also be an act of domestic violence thus, you have the right to seek a Protection Order.
Also, there may be other relevant criminal charges a person could be charged like wilful damage, stalking or common assault to name a few.
If you have issues with making a police complaint, please call us at Elysian Law for support. If the police will not seek a Protection Order from the courts, we can file a private application on your behalf.
It is difficult to predict how the judiciary and the police will implement these new amendments and how effective they will be. Often it is only when a case is appealed, guidance regarding definitions and the legal tests are defined which gives detailed clarity. However, come May 2025, the criminal space in Queensland will be evolving given how wide some of the new laws are drafted.
To read about the Act in greater detail, please refer to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023.
At Elysian Law, we understand that Domestic Violence Orders (DVOs) play an important role in ensuring the safety of individuals in domestic and family situations. However, there are times when a DVO may be issued under circumstances that do not fully reflect the reality of the situation. If you believe a DVO has been unfairly issued against you, immediately contact our team at Elysian Law to help you through the process of contesting an order. Our team has over 30 years of combined experience, providing clients with empathetic and tailored legal support in domestic and family violence cases.
In Queensland, domestic violence is not a single charge - it is a classification applied to a wide range of criminal offences. That classification changes everything: how seriously the court treats the offending, what goes on your criminal history, and for visa holders, whether you stay in Australia.
This article explains which charges can carry the domestic violence classification, what the consequences are, and includes a real case from our practice where our client faced deportation - and we achieved a no conviction recorded outcome.
Elysian Law recently represented a client charged with unlawful stalking and wilful damage - both classified as domestic violence offences. He was on a holiday visa and faced deportation if convicted. We achieved a no conviction recorded outcome. Read the full case study below.
In Queensland, domestic violence is not a single standalone charge. It is a classification - applied to a range of criminal offences when those offences are committed within a domestic or family relationship.
Under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence can include physical, emotional, psychological, financial harm, and property damage.
The relationship between the parties is what determines whether the classification applies. It covers:
Once an offence is classified as domestic violence, it becomes a mandatory aggravating factor under section 9(10A) of the Penalties and Sentences Act 1992 (Qld) Courts must treat the domestic violence context as increasing the seriousness of the offending. This is not discretionary - it is a legislative requirement.
Client details in this case study have been de-identified to protect confidentiality. The matter is published for the purpose of illustrating how Queensland courts approach domestic violence charges in similar circumstances.
Elysian Law recently represented a client charged with both wilful damage under s 469 of the Criminal Code (Qld) and unlawful stalking under s 359B of the Criminal Code (Qld). Both were classified as domestic violence offences under the Domestic and Family Violence Protection Act 2012 (Qld).
Our client was not an Australian citizen. He was in Queensland on a holiday visa and had commenced a relationship that ended after a few months.
Unable to accept the end of the relationship, he attended her home regularly throughout the week - leaving flowers, chocolates, and handwritten letters at the door.
This conduct formed the basis of the unlawful stalking charge.
After several weeks, the woman opened the door and told him there was no prospect of reconciliation. He placed his foot in the doorway to stop her from closing it, causing damage to the door.
That was the basis of the wilful damage charge.
Why the DV Classification MatteredBoth charges were classified as domestic violence because the conduct arose from a former intimate relationship. Under s 9(10A) of the Penalties and Sentences Act 1992 (Qld), this meant the court was required to treat both charges as more serious than equivalent offences committed outside a domestic context.
The stakes were significant. A sentence of imprisonment carried with it a real risk of visa cancellation under the character provisions of the Migration Act 1958 (Cth) - which could have affected our client's ability to remain in Australia, though outcomes in migration matters are never guaranteed.
The StrategyOur client came to us early - and that proved critical. Elysian Law's approach included:
The court considered our client's youth, the absence of any prior criminal history, the short and early-stage nature of the relationship, and evidence that heavy intoxication had been a contributing factor at the relevant times.
The OutcomeThe court accepted our submissions and found the offending was out of character.
Our client was sentenced to a probation order under s 91 of the Penalties and Sentences Act 1992 (Qld) and a restraining order for 12 months. No conviction was recorded pursuant to s 12 of the Penalties and Sentences Act 1992 (Qld).
The probation order included conditions for counselling to address the underlying issues. He retained his visa and was permitted to remain in Australia and continue working.
A door damaged in a moment of poor judgment. Persistent attendance at a former partner's home. Both classified as domestic violence - and our client facing real consequences for his visa and employment.
Thorough preparation, an early guilty plea, and the right material placed before the court changed everything. No conviction recorded under s 12. Visa retained.
The earlier you seek advice, the more options you have.
Several criminal offences can carry the domestic violence classification when committed within a qualifying relationship. In Queensland, charges that can be classified as domestic violence include:
The table below sets out each charge type, the relevant court, and the maximum penalties.
| Charge Type | Court | Maximum Penalty |
|---|---|---|
| Common Assault | Magistrates Court | 3 years imprisonment |
| Assault Occasioning Bodily Harm | District Court | 7 years imprisonment |
| Grievous Bodily Harm | District Court | 14 years imprisonment |
| Choking / Strangulation / Suffocation | District Court | 7 years imprisonment (proposed increase to 14 years — see below) |
| Sexual Assault | District Court | 10 years imprisonment |
| Rape | Supreme Court | Life imprisonment |
| Unlawful Stalking | Magistrates / District Court | 5 years imprisonment |
| Wilful Damage | Magistrates Court | 5 years imprisonment |
| Breach of DVO | Magistrates Court | Up to 5 years (prior DV in 5 yrs) |
| Coercive Control (from 26 May 2025) | District Court | 14 years imprisonment |
Physical assault - hitting, slapping, pushing, or any physical harm - is one of the most common charges in domestic violence matters.
Penalties range from common assault through to grievous bodily harm, depending on the severity of injury and the offender's prior criminal history.
This offence was introduced in Queensland in 2016 under s 315A of the Criminal Code. It currently carries a maximum of seven years imprisonment and is ordinarily finalised in the District Court.
This is an actively developing area of law. A bill has been introduced to parliament proposing to increase the maximum penalty to 14 years imprisonment. The Queensland Law Reform Commission is also reviewing whether such matters could be dealt with in the Magistrates Court. The current position may change.
If a sentence is imposed, imprisonment is typically the outcome unless there are exceptional circumstances. Legal advice is essential if you have been charged with this offence.
Sexual assault and rape committed within a domestic relationship are classified as domestic violence offences.
Rape carries a maximum of life imprisonment. The defences available are complex and turn heavily on the specific circumstances of the incident.
Unlawful stalking includes monitoring movements, repeatedly attending someone's home, or persistently contacting a person against their wishes.
Intimidation - threats intended to instil fear - can also result in criminal charges. Stalking can also involve patterns of isolation that compound the harm to the victim. As our case study above demonstrates, conduct that appears persistent rather than violent can still carry a real risk of imprisonment.
Deliberately damaging or destroying a partner's or family member's property is a criminal offence commonly classified as domestic violence.
This includes smashing phones or computers, breaking household items, or damaging a vehicle. The maximum penalty for wilful damage under the Criminal Code (Qld) is five years imprisonment. Even apparently minor damage - such as a damaged door - carries significant consequences when the DV classification applies.
Emotional and psychological abuse does not carry standalone criminal charges.
However, it is regularly considered as context at sentencing and when assessing the nature of the relationship. It can affect the severity of penalties imposed for related charges.
Any contravention of a DVO - including committing any of the acts described above, or breaching specific order conditions - is a separate criminal offence.
Maximum penalties are 5 years imprisonment (with a prior DV offence in the last 5 years), or 3 years in all other cases. For a detailed overview, see Go To Court's guide to DVO breaches in Queensland.
Even if the aggrieved person consents to contact or invites the respondent to their home, the respondent can still be charged with a breach.
Do not breach an order regardless of what the other party says. The protection order still applies.
The offence of coercive control came into effect in Queensland on 26 May 2025 as part of the Criminal Code.
It applies where an adult in a domestic relationship engages in a pattern of coercive or controlling conduct that would reasonably be likely to cause harm. The maximum penalty is 14 years imprisonment. If you are facing any domestic violence related charge, contact Elysian Law for advice.
The consequences of domestic violence charges vary based on the specific offence and circumstances. At sentencing, courts may impose a range of orders.
Courts also have the power to issue or amend a Domestic Violence Order at the time of sentencing - including varying the conditions of any existing protection order.
A conviction for a domestic violence offence is recorded on criminal history as a DV offence.
This matters well beyond the immediate penalty. It can affect:
If you are not an Australian citizen and are convicted of a serious criminal offence resulting in imprisonment, you may face visa cancellation and deportation under the Migration Act 1958 (Cth).
This applies to all visa types - including holiday and temporary work visas. The case study earlier in this article is a real example of how this risk materialises and how it can be avoided with the right legal strategy.
A question we regularly encounter is whether a victim of domestic violence can themselves be charged with an offence.
In some circumstances, yes. A victim may act in self-defence or retaliate, potentially leading to charges of assault or property damage. Courts may consider self-defence or mistake of fact when assessing these circumstances.
There is an important distinction to understand. An aggrieved person cannot be charged if they assisted a respondent to breach a protection order - for example, by inviting them to their home.
However, the respondent remains criminally responsible for any breach, even where the aggrieved consented. If you find yourself in this situation, seek legal advice immediately.
Elysian Law has extensive experience defending individuals in these complex circumstances - ensuring the full context of a person's actions is placed before the court.
Domestic violence is a classification applied to offences committed within a domestic relationship - not a standalone charge.
It includes assault, choking or strangulation, sexual offences, unlawful stalking, wilful damage, breach of a DVO, and the offence of coercive control (from 2025).
Yes - unlawful stalking can be classified as a domestic violence offence in Queensland when it arises from a former or current intimate relationship.
This includes repeatedly attending someone's home, monitoring their movements, or persistently making contact against their wishes. It is a serious charge that can attract a sentence of imprisonment.
Yes - a no conviction recorded outcome is possible for a domestic violence offence in Queensland, even where the DV classification applies.
Courts have discretion under the Penalties and Sentences Act 1992 (Qld). Factors that support this outcome include an early guilty plea, no prior criminal history, demonstrated remorse, strong character references, and compelling evidence the offending was out of character. The case study on this page is a real example of this outcome being achieved.
A domestic violence conviction can affect your visa in Australia if you are not an Australian citizen and receive a sentence of imprisonment.
Under the Migration Act 1958 (Cth), a custodial sentence for a serious criminal offence can trigger visa cancellation and deportation. This risk applies to all visa types, including holiday and temporary work visas. Early legal advice is critical to protecting your status.
In some situations, yes - for example, if a victim acted in self-defence and faces assault or property damage charges. Courts may consider self-defence or mistake of fact.
An aggrieved person cannot be charged for assisting a respondent to breach a protection order. However, the respondent remains liable for any breach even if the aggrieved consented to contact.
If convicted of an offence classified as domestic violence, your criminal history will note it as a DV offence.
This can affect future employment, travel, and may be relied upon in protection order applications and family law proceedings.
As our case study demonstrates, early legal advice and thorough preparation can make a significant difference - including avoiding conviction entirely and protecting your visa. At Elysian Law, we provide compassionate, experienced representation for those facing domestic violence charges across Queensland.
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Going through a divorce can be emotionally challenging. At Elysian Law, we understand the stress involved and are committed to guiding you through the process with clear and compassionate legal advice. Our team of experienced divorce lawyers ensures your rights are fully protected while addressing your unique personal needs.
Parenting orders are legally binding agreements issued by the Federal Circuit and Family Court that determine arrangements for the care of children. At Elysian Law, we focus on helping families create secure, fair, and workable arrangements, ensuring the child’s best interests are prioritised. Our experienced team supports clients through this complex process with compassion, especially in cases involving domestic and family violence violence or disputes.
Domestic and Family Violence in Queensland operate under the Domestic and Family Violence Act 2012 (‘Act’). The legislation and proceedings interact in both the criminal space and civil space (for example family law).
There are a number of reasons why you should engage a lawyer who specialises in Domestic and Family Violence and Family Law to assist you with your matter, over a criminal or family lawyer.
The first reason is if you are charged with a criminal offence including breach/contravene a protection order assault charge, choking or strangulation charges you could be facing a term of imprisonment and a conviction which could jeopardise your employment or travel prospects.
If you have domestic and family violence allegations and family law proceedings or intending to pursue them, any allegations of domestic and family violence can be used against you in your parenting matter or property settlement which will determine final orders the court can make.
Domestic violence allegations can affect your family law proceedings, and it is important you have a domestic and family violence lawyer to assist you to navigate this process. It is important that your rights are protected and that you receive the best outcome possible. Having a lawyer that understands both the criminal and civil aspects of domestic and family violence law is imperative.
Domestic and family violence proceedings are not always criminal matters and nor are they always family law proceedings, however when dealing with both areas it is important to get the proceedings right at the very beginning to protect you now and in the future. If you or a member of your family is currently suffering some form of domestic and family violence, navigating the criminal and or the family law space, there are steps you can take to ensure you receive the best outcome and keep everyone protected. You should engage a Domestic and Family Violence Lawyer who has proven experience in this area of law to ensure you receive the best outcome. Contact Elysian Law today.
Both areas of law (criminal and family law) are different and contrasted, however, with the recent amendments to the Act , a person’s domestic and family violence history are admissible in future protection order applications, criminal and family law matters. Therefore, you should have a lawyer experienced in this particular area of law.
This area of law is complex and evolving regularly, amendments to the Act often has a flow on affect in other legal spaces including, family and criminal law and in more recent times employment law.
Elysian Law has experience representing people in serious criminal charges relating to domestic and family violence, such as assault, choking, strangulation and contravention of domestic violence protection order. As well as family law matters where domestic and family violence allegations are prevalent or alleged. We also have extensive experience representing people in domestic and family violence proceedings alone.
