At Elysian Law, we are experts in defending individuals facing domestic and family violence allegations. We understand that facing such allegations of domestic and family violence can be overwhelming, and stressful and may have significant legal, social, and personal consequences. Our experienced legal team is committed to providing a robust defence, ensuring that your rights are protected throughout the legal process. We are here to guide you through every step with expertise, empathy and no judgement.
We also provide expert services for children and young people who are navigating the legal challenges of facing allegations of domestic and family violence.
Consenting without admission to a protection order as a respondent in Queensland means agreeing to the conditions set by the court without admitting any fault or facts. This means you do not accept the allegations made by the aggrieved or other persons. It is crucial to understand that while accepting a protection order can avoid a court hearing, it can impose certain restrictions on your behaviour and movements and have indirect consequences on your life.
At Elysian Law, we help you understand these implications fully. We discuss the short and long-term effects of a protection order on your personal and professional life, providing you with the necessary information to make a fully informed decision. If accepting a protection order is in your best interest, we will ensure that the final conditions are clear and manageable, helping to mitigate any potential negative impacts. We negotiate on your behalf with the aggrieved’s lawyer, the police and the courts. The conditions must be practical as a breach may lead to being charged with a criminal offence.
If you believe that a protection order has been wrongfully sought or the conditions are unjust, contesting an application as a respondent is your legal right. Contesting an application for a protection order involves reviewing the application and evidence, and responding to the allegations that have been made by filing your affidavits and evidence. Once this is done, you will have a hearing at court where the evidence is reviewed and arguments are made to the Magistrate. The Magistrate will then make a finding about what occurred and if a protection order is required.
Contesting a protection order is a complex process and can have unforeseen consequences. It’s important to approach this with careful consideration and the right legal support.
Elysian Law stands by your side during this process, from providing you with advice, drafting affidavits, obtaining supporting evidence, creating a strategic trial plan and representing your best interest in court.
We argue on your behalf to demonstrate why a protection order should not be made or why the conditions sought are incorrect in the circumstances, focusing on protecting your rights and ensuring a fair hearing. Our experienced legal team is skilled in navigating these hearings, providing you with the best possible defence and advice throughout the process.
Negotiating manageable conditions of a protection order is a critical step for respondents who wish to minimise disruptions to their lives while complying with the law. At Elysian Law, we understand the importance of negotiating conditions that are fair and realistic, and we work diligently to meditate on your behalf. Our experienced lawyers engage in discussions with the applicant’s lawyer and police regarding conditions regarding communication, living arrangements, and access to children. We strive to ensure that the conditions of the protection order respect your rights and allow for a reasonable degree of normalcy in your daily activities.
If you believe that a protection order was wrongfully made against you or that there were flaws in the court proceedings, you have the right to appeal the decision. Appeals can be made on grounds such as a significant error of law or a misinterpretation of the evidence.
At Elysian Law, we’re here to guide you through the complex appeal process. This involves filing a notice of appeal and presenting your case to a higher court. Our team will support you every step of the way, preparing all necessary documentation and building a strong argument for your appeal. We aim to ensure that your case is reviewed thoroughly and fairly, seeking to overturn or amend the decision to better reflect the facts and the law.
If you wish to appeal a protection order, please contact Elysian Law as soon as possible, as strict time limitations apply.
Breaching a protection order in Queensland is a serious matter that can lead to significant legal consequences, including fines to imprisonment. At Elysian Law, we’re here to provide you with the legal advice you need to comply with your conditions and avoid any inadvertent breaches. If you are accused of breaching an order, it’s essential to seek legal representation immediately.
We offer defence strategies customised to your specific situation, carefully examining the circumstances of the alleged breach and presenting differing evidence. Our goal is to protect your rights, minimise potential penalties, and ensure you fully understand the conditions and implications of the order. We’re here to support you every step of the way.
We understand that circumstances can change over time, and a protection order that once seemed suitable might become outdated or overly restrictive. If you find yourself in this situation, Elysian Law is here to help you apply to change the conditions of your protection order. This involves filing an application with the court which is supported by evidence explaining why the conditions should be changed.
Whether the changes involve contact, living arrangements, or access to children, our team will expertly navigate the legal requirements and advocate for you in court. We work diligently to ensure you present the strongest case for why the conditions need to be amended, always aiming to make sure your needs and rights are fully represented.
Choosing the right legal team is crucial, especially when facing serious claims like domestic and family violence allegations. Here are several reasons why Elysian Law is the preferred choice for those seeking the best defence:
Our lawyers are experts in domestic and family violence cases and bring 30-plus years of dedicated experience to the table. We understand the nuances of these cases and how to navigate them effectively to protect your rights.
Not only do our lawyers carry years of experience with them, but they approach every individual case with no judgement. We understand that every case is unique and our professional team will ensure you feel comfortable and listened to.
At Elysian Law, we prioritise your needs and work closely with you to develop a defence strategy that addresses your specific circumstances. We ensure that you are informed and involved in every decision throughout the process. We are focused on quality, not quantity of our clients.
We have a history of successfully defending clients against domestic and family violence allegations, with outcomes that have significantly reduced penalties or led to costs being awarded for vexatious applications.
We maintain the highest ethical standards and ensure that all client communications are confidential, providing a secure environment to discuss your case.
Being a respondent means that a protection order application has been filed at a court or a protection order has been made naming you as a respondent. This means that a person has made an allegation you have committed an act or acts of domestic and family violence. As a respondent, you may be subject to conditions set by the court, which are designed to prevent future incidents of domestic and family violence.
It is important to get legal advice as soon as an application has been served on you to mitigate the outcome. Please be aware at the first court mention, the court must consider whether to impose a temporary protection order and if so, the conditions. Elysian Law has successfully argued against any protection orders being imposed from the outset due to unjust applications. If a temporary protection order is imposed and a condition is breached, it is still a serious criminal offence.
When an application is filed, it is typically heard in court right away, and a temporary protection order is issued while waiting for your final protection order to be determined. This temporary order or police protection notice may include conditions that limit or restrict your ability to contact the aggrieved and/or named persons such as other family members or children. If you do contact the person and breach a condition, it is a criminal offence.
It is crucial to fully understand these specific conditions to avoid any potential criminal charges. Many people unknowingly breach protection orders simply because they don’t realise what behaviours constitute an act of domestic and family violence.
We also strongly advise you not to contact any relevant person or witness as it may be used as evidence against you in court.
That’s why it’s so important to contact Elysian Law. We’re here to help you understand and comply with your new order, ensuring you understand your rights.
If you disagree with a protection order application, you have the option to contest it. This involves appearing in court and presenting evidence to argue that either the application does not meet the legal requirements or that the allegations are false.
It’s strongly advised to seek legal representation to ensure that your case is presented effectively, your rights are protected and you understand other legal implications such as your evidence being used in other proceedings like family law.
In Queensland, a protection order lasts for a duration set by the court, which is often five years. However, this duration can vary depending on the specifics of the case and the level of risk assessed by the court.
Yes, a protection order can have an extended end date or be renewed if there is an ongoing risk of domestic and family violence and the court determines it is necessary. To extend the order, an application must be made before the current protection order expires, providing evidence to support the need for an extension. This ensures continued protection for those at risk.
Breaching a protection order is a serious criminal offence, and depending on the specifics of the breach and your personal history, it can result in a range of penalties, from fines to imprisonment. Courts take breaches very seriously. For a first breach, a sentence of up to 3 years imprisonment can be imposed, and for a second breach, this increases to 5 years imprisonment. Additionally, upon conviction, the courts can amend the conditions of the protection order.
It’s crucial to seek legal advice immediately if you’re accused of breaching a protection order. At Elysian Law, we can help you understand the charges against you, prepare your case for the best possible outcome, and provide essential representation in court. We’re here to support you every step of the way.
The conditions of a protection order can be amended by the court if justified. To request a change, an application must be filed with the court, along with supporting affidavits and materials explaining why the change is appropriate under the circumstances. If the application is contested, it will proceed to a hearing, which can be quite complex.
Legal assistance is crucial in effectively navigating this process. At Elysian Law, we provide the expertise and support needed to guide you through each step, ensuring your case is presented clearly and effectively.
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Representing The Aggrieved
