Elysian Law is an expert Domestic and Family Violence Firm with experience in a broad range of law in Queensland. At Elysian Law, we provide holistic and full-scale legal support to people facing Domestic and Family Violence. Being a party to a Domestic and Family Violence proceeding can have implications in other areas of someone’s life, such as employment and family court matters.
Elysian Law has proven experience in getting the best possible outcome in domestic and family violence matters as well as advocating for people in their employment to ensure their rights are protected and they can continue to work.
If you have recently been served with an application for domestic and family violence application and unsure how these proceedings will affect your employment. Contact Elysian Law today for a free consult and plan moving forward.
A protection order issued under the Domestic and Family Violence Protection Act 2012 (‘DFVA’) in Queensland, is designed to prevent further acts of domestic and family violence. As a respondent, this order can have various restrictions on you. These restrictions may also affect some people’s employment.
For example, the Court may order the prohibition of a weapon. If you are required to possess a firearm as part of your employment (such as a Police Officer or Australian Defence Force member) and your firearm has been prohibited, this may have serious consequences for your ongoing employment as you are unable to fulfill your role.
If a condition of your employment is to hold a blue card, an order may affect your eligibility to apply or maintain your blue card.
Or if you are named as a respondent in a protection order or charged with a related criminal offence, you may be breaching your employment contract.
There are other relevant legislations that also contain provisions regarding employment and domestic and family violence that are not as well known. For example, if you hold a security guard licence and are charged with a serious domestic violence offence, your licence will be automatically cancelled (Security Providers Act 1993).
It is crucial to fully understand the specific conditions of the order, and how a protection order can affect your employment before you consent to an order. It may feel easier to accept a protection order in the moment, however you do have the right to adjourn your matter at court to obtain legal advice so you make the best long-term decision.
Employers in Queensland are required to ensure safe workplaces for their employees and play an important role in preventing and responding to domestic and family violence.
Under the Fair Work Act 2009 (‘Fair Work Act’), employees are entitled to ten days paid family and domestic violence leave each year. This includes full-time, part-time and casual employees. Employees must be experiencing family and domestic violence to be eligible to take this leave.
Employees are protected from adverse action if they are experiencing (or have experienced) domestic and family violence. This means, employers cannot take action against an employee.
Examples of an adverse action is dismissal, changing an employee’s job to their disadvantage or being treated differently to other employees.
It is important you understand your workplace rights when it comes to navigating domestic and family violence whether you are the aggrieved or a respondent in the proceedings.
While a protection order can pose challenges to your employment, being proactive about your legal situation can mitigate the impact on your employment. It is important you obtain legal advice form an experienced lawyer before you make a decision as an order can have unknown wider implications than just affecting a relationship and could be in place for five years.
Nichale and Laura can provide such advice during a consultation with you to ensure you are making a fully informed decision. We have proven experience in helping police officers, people with APHRA registrations, teachers, FIFO workers and many other occupations.
Obtaining a protection order is a critical step in protecting yourself from domestic and family violence. In Queensland, the process is designed to be accessible and supportive, ensuring that individuals can obtain the protection they need without difficulty. The court process is set up to be less formal and overwhelming to encourage people to come forward when help is required.
If you are applying for a protection order yourself, you have the option to:
The application must detail the nature of the domestic and family violence and the relationship between you and the respondent. Your material is evidence once it is filed at court and will be served on the other party. We always encourage people to obtain legal assistance if possible, to ensure the best possible application and evidence is before the court that tells your story and helps to support why a protection order is required.
When applying for a protection order, you will need to provide identification, any evidence of domestic and family violence, and details about the respondent (the person you are seeking protection from). It’s also important to inform the court of any existing legal orders or proceedings involving you and the respondent. Being thorough and detailed in your application will help the court understand your situation and determine the necessity of issuing the order.
Once your application is submitted, police serve a copy of the application on the respondent, ensuring they are informed of the allegations and can prepare a response for the court.
After your lodgement, the court will review it and may issue a temporary protection order until your hearing date. This hearing is where both you and the respondent can present your cases, and the Magistrate will decide whether to grant a final protection order. It’s advisable to seek legal representation or support from domestic and family violence services to prepare for the hearing. If the protection order is granted, it will set specific conditions that the respondent must follow to ensure your safety.
