Understanding physical abuse
In Queensland, physical abuse involves causing or threatening to cause physical harm against another. This could include hitting, choking, causing damage to furniture, threatening children or loved ones, or physically restricting movement such as locking a person in a room.
Our experienced team understands the sensitive nature of these cases and is committed to providing empathetic, effective legal counsel. We believe that everyone deserves a life free from fear and violence, and our firm is here to ensure that those affected by physical abuse receive the protection and justice they need.
What is physical abuse?
In Queensland, physical abuse involves any threat or act causing injury or trauma to another person through bodily contact. In the context of domestic and family violence, it refers to behaviours where both people are in a relevant relationship such as an intimate partner and uses physical violence to control, intimidate, or harm the other.
Impact of physical abuse:
Physical abuse not only causes immediate physical injuries but can also lead to long-term psychological effects, such as post-traumatic stress disorder (‘PTSD’), anxiety, depression, and a sense of helplessness.
The impact extends beyond the victim, affecting children and other family members exposed to and traumatised by the violence. The effects of physical abuse are serious, and seeking help is crucial. If you are in need of empathy and support for domestic and family violence lawyers, contact Elysian Law today.
Legal protections against physical abuse
Elysian Law guides clients through each of these options to ensure they receive the necessary protection and support:
Police protection notice
In Queensland, police can issue a Police Protection Notice (‘PPN’) to the perpetrator of physical abuse, providing immediate protection for the complainant. A PPN acts as a short term protection order until court action can be taken.
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, our approach to handling cases of physical abuse is comprehensive and empathetic. Here’s how we can assist those needing advice or representation in relation to their domestic and family violence matters.
Legal representation
Our experienced lawyers provide considered and diligent representation in all hearings related to protection orders and criminal offences, ensuring your voice is heard and needs are addressed.
Guidance through the legal process
We explain every step of the legal process, from filing an application to representing clients in court, ensuring that our clients feel empowered and understand their rights and legal protections.
Ongoing legal support
Our commitment to clients doesn’t end with the courtroom. We offer ongoing support to enforce protection orders, handle any subsequent legal issues, and ensure continued safety and well-being.
Frequently Asked Questions
What should I do immediately if I am a victim of physical abuse?
Your safety is the priority. If possible, remove yourself from the immediate danger and contact the police. Make sure to document the incident and if required attend the hospital or your local GP. After ensuring your safety and health, contact Elysian Law to discuss your options for protection and other legal measures.
How quickly can I get a protection order?
Elysian Law can help expedite this process by efficiently preparing and filing the necessary legal documents. If the matter is reported to the police, they place immediate conditions on the other person and file an application for a protection order with the local court. Even if you do receive police assistance, it is recommended we review your affidavits and evidence before it is filed with the court. All parties can have legal representation, even when the protection order is being sought by the police on your behalf.
What are the consequences if the respondent breaches a condition of a protection order?
Breaching a protection order is a serious matter and can lead to criminal charges and a person’s bail being refused. A person can be sentenced to a range of orders based on the seriousness of the offending and their background to a range of orders such as fines, community orders or imprisonment. Elysian Law has extensive experience with representing those who have been charged with breaching a condition of a protection order and associated criminal offences such as property damage or physical assault. It is important to obtain legal advice as soon as possible and form a strategy from the outset.
Can Elysian Law help me with issues related to physical abuse that impact my children?
Yes, we provide comprehensive legal services which includes parenting orders and filing applications for protection orders that include the protection of children affected by domestic situations. Children can be named on an order and receive the same protections as a parent or carer. We can assist in obtaining orders that also protect your children.
