Articles

Category: Domestic Violence


Changes to the Domestic and Family Violence Protection Act August 2023

Changes to the Domestic and Family Violence Protection Act August 2023

On 1 August 2023, significant changes were made to domestic and family violence protection laws in Queensland in response to the Hear Her Voice recommendations. Amongst other changes, the amendments import “a pattern of behaviour” into the definition of domestic violence, to encompass behaviour that occurs over a period of time or via a series of acts.
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Are my domestic violence proceedings confidential?

Are my domestic violence proceedings confidential?

Many people are surprised to hear that domestic violence proceedings are conducted in a strikingly different manner to criminal proceedings. Domestic violence proceedings have a real focus on confidentiality of the parties. This is in recognition that domestic violence proceedings usually contain highly sensitive and personal information.
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Breach of domestic violence orders when encouraged by the aggrieved

Breach of domestic violence orders when encouraged by the aggrieved

At times, people who are subject to a domestic violence order may be invited or encouraged to visit aggrieved parties to the order, for example, an ex-partner. In this article, we pose the question “Is it a defence if the aggrieved invites me to breach a domestic violence order?”
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Costs in Domestic Violence Protection Order matters

Costs in domestic violence protection order matters

The Domestic and Family Violence Protection Act (Qld) states that parties must bear their own costs associated with Domestic Violence Protection Order applications, however, there is an exception.
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What is the Harman Undertaking?

The Harman undertaking – understanding your obligations

The Harman undertaking prevents a party from disclosing documents obtained in one proceeding in a separate proceeding.
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What is coercive control and is it against the law?

What is coercive control and is it against the law?

In his article, we define coercive control and explore where Australia is in relation to criminal offences and coercive control. Legislation to establish the offence of coercive control is expected to be introduced to Queensland Parliament by the end of 2023.
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What is a character witness?

Character witnesses – providing character evidence at trial

When a person charged with a criminal offence seeks to rely upon character evidence, it usually falls into one of two categories. In this article, we look at the form of evidence that someone charged with an offence may rely upon at trial in the defence of the allegations.
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What is legal professional privilege?

Legal Professional Privilege

Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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Criminal court sentencing hearings during COVID-19

COVID-19 and the impact on criminal court sentencing

Procedures and decisions related to sentencing hearings, particularly where defendants are likely to receive a custodial sentence, have seen significant change in light of coronavirus.
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What’s happening with bail applications during COVID-19?

COVID-19 and the impact on bail applications

Applications for bail are usually required where the police have objected to a defendant being granted bail. The current COVID-19 pandemic has seen a change in the way Queensland courts (and indeed courts across the nation and internationally) are addressing bail applications.
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Court operations during COVID-19 in Queensland

COVID-19 and the operation of the criminal law courts in Queensland

The work of courts in Queensland has changed rapidly to adapt to the need to reduce physical contact and contain the spread of COVID-19. Physical attendance is being minimised through re-organising the court calendar and using technology to conduct court hearings remotely.
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Managing mental health during criminal law proceedings

Your mental health during criminal law proceedings

Your mental health will often suffer if you're charged with a criminal offence or if you’re involved in criminal law proceedings. Seeking professional assistance can be very beneficial. Ask us why and how.
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