Articles
Category: Domestic Violence
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?
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
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
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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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?
In response to the ‘Hear Her Voice’ report by the Women’s Safety and Justice Taskforce, the Queensland Government has recently passed new laws against coercive control. Queensland is one of only a few states in Australia to have such legislation in place. In this article, we define coercive control and explore the new legislation in relation to criminal offences and coercive control.
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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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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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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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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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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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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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