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Expert Legal Representation for Youth Domestic and Family Violence

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Representing Young People

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Protecting Young People with Expert Care and Advocacy in Youth Domestic and Family Violence Cases

At Elysian Law, we are dedicated to providing compassionate legal representation for young people affected by domestic and family violence. We understand the delicate nature of these cases and are committed to offering expert support and advocacy to protect the youngest and most vulnerable members of our society. Whether supporting young respondents or those who have experienced domestic and family violence, our approach is customised to address their unique needs. We ensure their rights are upheld in a safe and supportive environment.

Seeking a Protection Order in Response to Domestic and Family Violence

In Queensland, when domestic and family violence threatens the well-being of a child or young person, the court can issue a protection order with specific conditions to reduce the risk. These orders offer the same safeguards as those made for adults.

A young person can be a respondent, an aggrieved, named person, or a witness in a protection order application.

At Elysian Law, we’re here to help children and young people navigate this challenging process. We provide legal advice, prepare and file the necessary documents and evidence, and appear in court. Our approach focuses on creating a secure and safe environment for children and young people, understanding that these situations can be overwhelming. We aim to minimise their exposure to domestic and family violence and recognise that such legal matters can impact the entire family. If needed, we work with the family unit as a whole to ensure everyone receives the support they need.

At Elysian Law, we ensure all legal actions are in the child’s best interests, providing compassionate and dedicated support every step of the way.

Accepting a Protection Order as a Respondent

A young person can be named as a respondent in a protection order application, and even though they are a child, the matter still proceeds through the court with the same conditions and implications as if they were an adult. This means a protection order can affect a young person’s movements, schooling, contact with certain people, and behaviour. A protection order will be permanently linked to their history with the police, potentially impacting their future.

At Elysian Law, we’re here to guide young respondents and their families through the options of accepting or contesting protection order applications. We ensure they understand both the legal and practical impacts on their lives. Our goal is to help young clients make informed decisions that prioritise their safety and emotional health while maintaining family integrity whenever possible. We understand that this process can be very daunting and overwhelming for young people, and we strive to reduce that stress, providing compassionate support every step of the way.

Negotiating the Conditions of a Protection Order

Negotiating the right conditions for a protection order in youth domestic and family violence cases is crucial to ensuring that the orders are practical and in the best interests of everyone involved. At Elysian Law, we engage in negotiations with other parties, agencies, and the police to reach a final agreement on the appropriate conditions of a protection order, aiming to avoid the need for court appearances.

We represent children and young people who can be either respondents, victims, or named persons in an application. Through careful negotiation, we strive to create a balanced environment that supports well-being and ongoing development. Our goal is to make the process as smooth and stress-free as possible, ensuring the best outcomes for young people.

Contesting a Protection Order Application

There may be situations where an application for a protection order is unjust, doesn’t meet the legal requirements, or doesn’t serve the best interests of the parties involved. Contesting a protection order application can be complex, requiring careful examination of the evidence, filing materials to contest the allegations, and presenting a strong legal argument.

Even though contesting an application might seem overwhelming, it can sometimes be in the best interest of a young person, as the implications of an order can be significant and long-lasting. Once a protection order is made, it remains linked to that person for life and can be used in other court proceedings or affect future employment.

At Elysian Law, we support clients in these circumstances by gathering the necessary evidence and presenting a compelling case that highlights the child or young person’s situation. We understand that this process can be overwhelming, especially for those with limited experience with the courts, lawyers, and police. That’s why we offer a safe, secure environment with easy-to-understand advice, ensuring that both the young person and their family feel supported every step of the way.

Appealing a Protection Order

If an order is incorrectly made, it may be possible to appeal the protection order in the District Court. At Elysian Law, we guide our clients through the complex appeals process, which involves strict time limitations. Our team meticulously prepares all necessary documentation and builds a strong legal argument to present to the appellate court, aiming to secure an outcome that better reflects a person’s needs and legal rights. We are dedicated to supporting you or your child every step of the way, ensuring the best possible outcome for their future.

Criminal Charges for Breaching a Protection Order

Breaching a protection order, even as a young person, is a serious criminal offence. At Elysian Law, we ensure that young people understand the implications of being named in a protection order and what behaviours or actions might breach it. It is crucial to know what actions may be seen by the police and courts as acts of domestic and family violence, as there is often confusion about what constitutes abuse. For example, repeated phone calls or belittling name-calling could breach a protection order.

If someone is charged with a criminal offence for breaching a protection order, we assist with understanding your options, likely outcomes, and representation in court. It’s important to obtain legal advice to mitigate the outcome and present the best possible case, as a conviction can have unforeseen consequences. We’re here to support you every step of the way, ensuring you have the guidance and representation needed to navigate this challenging situation.

Making Changes to the Conditions of a Protection Order

As circumstances change, it may become necessary to modify the conditions of a protection order to better suit the evolving needs of a young person. At Elysian Law, we assist young clients through the court process of amending conditions, whether it’s to reflect changes in living arrangements, schooling, safety needs, or other relevant factors. This involves submitting a formal application to the court, supported by evidence justifying the need for change.

Our legal team expertly guides young people through this process, ensuring that any amendments are made with the child’s best interests at heart and are legally sound. We help maintain the protective intent of the original order while adapting to the new circumstances. We’re here to provide support and clarity, making sure your needs are met every step of the way.

Representation in Court as a Support Person

During court proceedings, especially those involving sensitive matters like domestic and family violence, having a supportive legal advocate is crucial. At Elysian Law, our lawyers not only represent the legal interests of our clients but also provide emotional support, ensuring that both young people and their families feel understood and not alone. We stand beside our clients throughout the court process, offering guidance and reassurance every step of the way. Our role extends beyond traditional legal representation; we advocate for the child’s welfare and help the family navigate the court system reducing emotional stress.

Our Approach to Assist Young People

At Elysian Law, we are aware of the implications and emotional impact of domestic and family violence proceedings on young people, whether they are accused or have experienced domestic and family violence. Our approach is customised to offer support that respects a child’s unique circumstances and promotes their best interests.

Empathetic representation

We ensure that our young clients feel understood and supported. Our lawyers are trained to communicate in a manner that is comforting and accessible, reducing the stress associated with legal proceedings.

Building a trusting relationship is crucial. We maintain confidentiality and integrity in all dealings, ensuring that the young people we represent feel safe and protected when sharing sensitive information.

Our legal strategies are developed with the cognitive and emotional maturity of each child in mind. We focus on creating a legal pathway that minimises trauma and promotes a positive outcome for a young person.

We actively advocate for the rights and interests of young people, ensuring that all legal actions—from court appearances to custody decisions—are made with their best interests as the paramount concern.

lawyer representing domestic and family violence case

Frequently Asked Questions

What is a protection order and how does it protect children?

A protection order, commonly known as a Domestic Violence Order (‘DVO’) in Queensland, provides conditions that prevent further acts of domestic and family violence occurring to affected people. Conditions can be imposed that restrict contact, communication or behaviour of a person who is alleged to have committed an act of domestic violence. A young person can be named as the respondent, an aggrieved, named person, or a witness in an application for a protection order. At Elysian Law, we can assist a young person in obtaining, contesting or giving evidence in an application for a protection order.

A person under 18 can be named in a protection order if they’re in, or have been in a relevant relationship such as a boyfriend or girlfriend, or informal carer.

Children are not eligible to apply for or be named in a domestic violence protection order if it’s related to a family relationship. So, a child cannot seek an order against their parent or guardian, and vice versa as it is not a relevant relationship.

Breaching a protection order is a criminal offence. If the breach involves a child, the court takes the matter very seriously. Penalties can range from fines to imprisonment, depending on the severity and circumstances of the breach.

To change the conditions of a protection order, you must file an application with the court with supporting evidence that shows why the condition needs to be amended. Conditions regarding the duration of the order, or contact or that restrict behaviour may be changed or removed. Common changes may be about contact with a child if they become older and have their own phone. Elysian Law can help prepare, negotiate and present the application to vary to ensure that the amended order reflects the current needs of the relevant parties.

If the application for a protection order is false, unjust or does not meet the legal requirements of an order, you have the right to contest the application in court. This involves presenting your case at a court hearing, where you can argue against the conditions of the order or the evidence presented. It is highly advisable to have legal representation during this process to ensure your side is properly presented and your rights are defended. If a protection order is imposed is it linked to your history and can be used in other court proceedings or employment matters.

At Elysian Law, our lawyers serve as both legal representatives and support persons in court. We provide emotional support, explain the court procedures, and advocate on your behalf, ensuring that your rights and the best interests of young clients are effectively represented throughout the legal process.

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