Domestic Violence

Domestic Violence Lawyer

At Hounsell Cunningham, we understand that any laws imposing restrictions on a domestic relationship need to be treated with a level of caution and respect. This level of care is often not required when dealing with other areas of the Queensland Justice System, as domestic violence laws can also impact on the extended family unit, including any children of the relationship.

There are times when a breakdown in a relationship results in a person genuinely fearing for their own safety or the safety of their children. If you are currently in this situation or are fearful for a family member’s safety, contact us for assistance with making an urgent domestic violence order application against your former partner.

Please note, if you are at immediate risk of being in a dangerous situation due to family or domestic violence, please contact 1800RESPECT (1800 737 732) or call 000 if it is an emergency.

Domestic Violence Orders

There are times when a party is using the domestic violence legislation to advance their interests in family court proceedings, or when there is unwanted interference by the Queensland Police Service into a current relationship. As experienced domestic violence lawyers, we can assist you with fighting a Domestic Violence Order that has been or is being made against you.

Once an order has been made against you, you open yourself up to being charged with breaching the order. If an order has been made against you, you risk facing the full consequences of criminal charges, including fines, probation, and even terms of imprisonment.

There have been several recent high profile domestic violence cases in Queensland that have resulted in significant changes being made to the Domestic Violence Legislation. These changes have included an increase to the maximum penalty for a person charged with breaching an order and imposing tougher guidelines on any person applying for bail.

You should be aware that although having a domestic violence order made against you does not result in a criminal conviction, a finding of fact being made against you in a Domestic Violence Application can be used against you in family court proceedings. The outcome of such a happening is that you may lose custody or access to your children.

Our expert team of lawyers have a wealth of knowledge and experience in relation to all aspects of the law surrounding domestic violence proceedings and breaches. We can guide you through this process to ensure a successful outcome is obtained.

Do you need help with applying for or responding to domestic violence application?

Domestic Violence Offences Explained

It is common a belief that domestic violence can only exist where there is physical violence being instigated against another person. But this is simply not the case. For many people, the abuse within a domestic relationship takes place on an emotional level. Often a person feels trapped, intimated or scared due to the financial or psychological abuse being delivered to them by another person.

Under the existing legislation, it’s possible to define domestic violence as behaviour by a person which:

  1. is physically or sexually abusive; or
  2. is emotionally or psychologically abusive; or
  3. is economically abusive; or
  4. is threatening; or
  5. is coercive; or
  6. in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else

If you are experiencing trouble with a partner, ex-partner or family member but are unsure what consists of domestic violence, please contact us to speak to our domestic violence lawyers, to find out if you can make a protection order against someone based on their actions.

Our areas of service for Brisbane Domestic Violence matters

Our expert domestic violence lawyers can assist you with any of the following matters:

  • All Domestic Violence Matters – We are experienced in managing a range of domestic violence matters and can help you with sensitive and considerate advice and support. Our lawyers have a wealth of experience working with all matters and can offer the right kind of legal advice for your matter.
  • Applications for Domestic Violence Order – This can be a potentially stressful time, but we can make this straightforward and make sure you get the protection you need with your domestic violence order.
  • Application to Vary Domestic Violence Order – Have you had a domestic violence order made against you? Speak to us today to find out about varying your order.
  • Bail Applications – If you have breached a domestic violence order and have been imprisoned for this breach, we can assist you with your bail application.
  • Breaches of Domestic Violence Order – Breaching a domestic violence order comes with often severe penalties. If you have breached your order it’s important that you speak to a legal representative as soon as possible for the best outcome for you and your family.
  • Choking Offences – This is a serious offence which usually carries a penalty of imprisonment. If you have been charged with a choking offence it is important to see legal representation immediately to ensure you receive the best possible outcome.
  • Responding to a Domestic Violence Order Application – There is a court process when you have had a domestic violence order made against you, and it is important that you follow this. We can educate you on what is going to happen and how to behave during this time.
  • Strangulation and Suffocation Offences – These offences are taken very seriously be the Courts. A person charged with these offences faces the real prospects of spending significant time in custody. If you have been charged with an offence of strangulation or suffocation it is important to see legal representation immediately to ensure your receive the best possible outcome.

How Hounsell Cunningham can help you

If you need a domestic violence lawyer in Brisbane, turn to us for expert domestic violence advice or representation. Please contact our domestic violence lawyers at any time on (07) 3188 5626 or info@hounsellcunningham.com.au.