Domestic and Family Violence Applications and OrdersAt Elysian Law, we understand that domestic and family violence doesn’t just affect the primary victim, it can also impact family members and new partners. If you or someone you love is at risk, legal protection is available to ensure safety and peace of mind. Our team provides expert legal guidance on securing domestic violence orders (DVOs) and other long-term protective measures.
Legal Protection for Family Members & New Partners
Protection orders are designed to safeguard not just individuals experiencing domestic violence but also their families and new relationships. If an ex-partner, family member, or another individual is engaging in harassment, threats, or violence, a DVO may be necessary to prevent further harm.
A protection order can include conditions such as:
- Prohibiting contact between the respondent and the protected person(s);
- Restricting the respondent’s movements, including approaching specific locations like a home, workplace, or school;
- Preventing third-party contact through mutual friends or social media; and
- Extending protection to children, relatives, and new partners.
Unlike Police Protection Notices (PPNs), which offer immediate but temporary safety, a domestic violence order (DVO) provides long-term legal protection through the courts.
Protecting New Partners from Domestic Violence Threats
New partners can sometimes become targets of harassment, intimidation, or violence from a former partner. This can take the form of:
- Threats or intimidation aimed at the new partner;
- Stalking or harassment online or in person; or
- Attempts to undermine parenting arrangements or manipulate legal processes.
If you are in a new relationship and facing this type of behaviour, you can be included in an existing DVO, or a separate order can be sought to ensure your protection.
Family Members at Risk of Domestic Violence
Domestic violence does not always occur within intimate relationships. Family members, including parents, siblings, or extended relatives, may also experience threats, coercion, or violence. If you are a family member being subjected to domestic violence, you may:
- Apply for a protection order for yourself.
- Seek an order on behalf of a vulnerable person, such as an elderly parent or disabled relative.
- Ensure that children are protected from harmful environments.
In situations where family members are at risk, courts will consider their safety and well-being when issuing or modifying DVOs.
How Protection Orders Affect Parenting & Child Custody
If you share children with an ex-partner who is subject to a DVO, the court may impose additional conditions to ensure their safety. This may include:
- Supervised visitation arrangements;
- No-contact provisions for the respondent; and
- Restrictions on communication to prevent further intimidation.
A protection order can also be used as evidence in family law disputes to support parenting decisions that prioritise child safety.
What Happens If a Protection Order Is Breached?
A breach of a DVO is a serious offence in Queensland and can result in:
- Criminal charges against the respondent.
- Fines or imprisonment.
- Strengthened protection measures, including stricter conditions.
If an order is being breached, immediate legal action should be taken. Our team can assist with enforcement, ensuring compliance with the law.
Modifying or Cancelling a Protection Order
While police protection notices cannot be cancelled, a DVO can be varied or revoked by applying to the court.
Variations may include:
- Extending the order if the risk persists.
- Adding or removing protected persons.
- Adjusting conditions to reflect changing circumstances.
If you believe your order needs to be varied, Elysian Law can help you throughout the legal process.
In-Need Of Protection For Family Members & New Partners?
If you or a loved one needs protection from domestic violence, don’t wait to seek legal help. Contact Elysian Law today for a confidential consultation and take the first step toward securing your safety and peace of mind.
Frequently Asked Questions
How quickly do I need to act after being served with an application for a protection order?
It is important to act immediately. There are often very tight deadlines for court appearances or for filing a response. Contacting a lawyer as soon as you are served can help ensure that you are fully prepared and that your legal rights are protected.
Can I contest an application for a domestic violence order?
How can Elysian Law help me during this process?
Elysian Law can provide comprehensive legal representation, including advice on the application, preparation for court, and representation at a hearing. We also offer support in negotiating with the other party and ensuring your compliance with court orders.
