Advocating for victims of emotional abuse
Our experienced team provides sensitive, informed legal counsel to navigate the complexities of emotional abuse cases, ensuring that our clients receive the protection and respect they deserve.
What is emotional abuse?
In Queensland, emotional abuse involves a pattern of behaviour that undermines an individual’s self esteem and psychological well being. This type of abuse can be present in various relationships, including intimate partnerships and among family members. What amounts to emotional abuse is different in each case and depends on the overall circumstances. There is no clear set definition of what is emotional abuse.
Forms of emotional abuse
Verbal abuse:
Includes name calling, often in relation to appearance/attractiveness, parenting ability or likeability, belittling, and constant criticism that diminishes a partner’s sense of self worth.
Control and isolation:
Tactics such as controlling a person’s movements, who they see, what they do, what they wear, and restricting access to resources like money or transportation.
Intimidation and threats:
Making direct and indirect threats that instil fear, including threats of physical harm, public humiliation, or taking away children. This can include comments made to children, family members or friends if its intended purpose is to intimidate a partner.
Impact on victims
The effects of emotional abuse are profound, impacting mental health and leading to conditions such as depression, anxiety, and post traumatic stress disorder. . Victims may experience feelings of helplessness, hopelessness, and severe emotional instability. It can also deteriorate physical health. The insidious nature of emotional abuse can make it challenging to recognise and address, as often there are no obvious physical scars, making it vital for aggrieveds to seek professional legal and psychological support. Sometimes the critical moment in a person’s life is police and court intervention such as imposing and enforcing protection orders that stop behaviour.
Legal protections against emotional abuse
Victims of emotional abuse have several legal options to protect themselves from further harm. Elysian Law is dedicated to guiding clients through the process of securing these legal protections effectively:
Police protection notice
Application for a protection order
An application for a domestic violence order (‘DVO’) is made to the court which seeks a protection order to be made against the other person due to fear of future acts of physical abuse. At the first court mention of the application, the court will consider if an immediate temporary protection order (‘TPO’) needs to be imposed before the matter can be properly prepared and heard.
Temporary protection order
A temporary protection order is an order a court can make at the initial stage of the proceedings. There are certain legislative criteria a court has to be satisfied of before a TPO can be made. A TPO functions similarly to a final protection order but is intended for short term use to protect those in need until a Magistrate can make a decision on the full protection order application. If a condition of a TPO is breached, it is a serious criminal offence.
It is important to seek legal advice and representation prior to the first court appearance to ensure the court has the right to impose a TPO and if so, what are the fair and just conditions of the TPO.
Final protection order
If a final protection order is made by the court it will contain conditions that aim to reduce the risk of future acts of domestic and family violence occurring. If the court makes a final protection order, it can be in place for up to 5 years.
If a person breaches a condition of a final protection order during this time, it can result in being criminally charged and bail being refused. It is important to obtain legal advice and representation prior to a final protection order being made.
How Elysian Law can help
At Elysian Law, we understand the complexities involved in cases of emotional abuse and offer a range of services designed to support and protect our clients:
Legal representation
We provide expert legal representation in applying for and obtaining the necessary protection orders. Our lawyers are skilled in articulating the often subtle nuances of emotional abuse to the court.
Guidance through the legal process
Navigating the legal system can be daunting, especially for victims of abuse. We guide our clients through each step, explaining their legal rights and what to expect during hearings and throughout the process.
Frequently Asked Questions
Are there long term legal solutions to help me deal with emotional abuse?
Elysian Law is a domestic and family violence law firm that provides full-scale support and expertise in domestic and family violence matters. Our firm is uniquely focused on this evolving area of law, distinguishing us from broader family or criminal law practices. With over 30 years of combined experience, our team brings a depth of knowledge and a commitment to providing empathetic, personalised legal services.
How can I contact Elysian Law for help with emotional abuse?
You can contact Elysian Law by phone, email, or through our website. We offer confidential consultations where we can discuss your situation in a safe and supportive environment.
