Domestic Violence

3 Apr 2011 - Domestic Violence 

We find that the biggest problem with Domestic Violence is getting people to recognise when they are victims or perpetrators of Domestic Violence.

Having said that, it is also important that the term not be used indiscriminately and that Domestic Violence orders are not sought just as a weapon in Children’s matters either negotiation or litigation.

I have found the best definition and description of Domestic Violence and the cycle of Domestic Violence is this one:

Remember, both men and women can suffer and perpetrate Domestic violence but it is usually more difficult for a man to admit he is the victim of DV and more difficult for others to accept that he is.

Just remember that Domestic Violence also includes verbal and emotional and financial abuse and you will see that little dainty women can sometimes commit DV on big strong men. It happens, however, that there is far more abuse committed by men against women.

There are steps you can take, and you should consider whether or not taking out orders against the perpetrator will improve the situation or make it worse. Sometimes, leaving the situation is a better option and makes more sense. It takes courage to leave and not be talked into going back ( see the cycle of violence above). If you know someone who needs to leave ( in your opinion) because of abuse by their partner, you ill soon discover that they will not go until they are ready. They need to recognise that they are in this situation before they can begin to take steps to resolve it.

You should tell your lawyer if you are scared of your partner. It will impact on the way that we look after your case. We need to keep you safe.

Call us and make a confidential appointment for $143.00 YOu dint have to give us your address, and we will not send you anything. you pay on the day, and that is the end of it, until you decide you need our services. we can tell you where you stand, and the likely outcome of childrens  matters and property settlement.

We can apply for legal aid  on your behalf, and if necessary, tell you how to go about obtaining a Domestic Violence Order.

We often act in Domestic Violence matters in the magistrates Courts and are very experienced lawyers to have on your side in a crisis.  If you have been wrongly accused of Domestic Violence we can help you too.

If you are ready to begin to take your life back, then we are ready to help.





8 responses to “Domestic Violence”

  1. Barbara says:


    My ex husband had a DVO set against him via court proceedings in 2004. He is a police officer and had his gun removed and restrictions placed on him for a year. He has since in the last 3 years, since I’ve had my twin boys who are 2, been extremely harassing, vindictive, persistent and interfering. He constantly drags name back to mediation and court and yet breaks every single order before the ink has dried. I have blocked him off my phone, but now he has got the school involved and we are syrup posed to meet with the school as a couple. I have only met with him if a mediator or lawyer has been present. Do I tell the school that I don’t wish to have a joint meeting, even tho the school says it won’t meet me directly. I feel discriminated by the school for putting me in such a position without any care to my emotional well being.

    Where do I stand with the school. Long story short, I want to pull my consent for my child to attend this school, but my ex husband refuses to allow me to. I don’t see how a school can hold me to fees if I want my consent and name removed from the application.


    • Bryan says:



      I would suggest that you tell the school that you will not be seeing the with the father, if it causes you stress. If the school won’t meet with you directly then it is their problem.

      Your Ex can’t stop you pulling your consent and if you have issues with paying the fees then you could do so. I couldn’t foresee what happens next. Strictly speaking, the decision as to school is a joint one but if you are responsible for the fees and can’t afford them, it is difficult how a court would force you to send them to that school.

      The information you have given is a bit sketchy but I think you really need to see a lawyer to discuss all aspects and work out the best plan.


      Bryan Galvin

  2. Nicola says:

    As it could be extremley hard to produce evidence where emotional abuse has occured(whether it be myself or child), is one able to submit the actual voice recordings that were recorded during the event….or even possibly transcripts of these recordings?

    • Lynette says:

      Yes! In Queensland recordings are admissible where one person in the conversation was aware of the recording being made. Make sure you haven’t breached telecommunications laws by attaching devices to the phone though.
      If you make a transcript the judge will generally want the original recording to listen to. Sometimes the transcript needs to be made by a Court approved person so the court knows it is accurate. Judges vary, but you should be able to use your evidence. I hope everything is going well for you now.

  3. Tyson says:

    Hello, I have currently got a dvo on me and I was ordered by the court to do a parenting course, anger management course and get another medical report. I have completed all the tasks so I could see my son again. It was going all well until now, but it has started again because she didn’t like the fact that she played a part in my break down. These last few months have caused mayhem in my life by quittng my full-time job. The court dates for the custody battle where moved 3 weeks forward without my knowing and were sorted without my presence. Im all fine with what happened in the past but she has threatened to take me to court again. What I don’t understand is what happened to innocent until proven .All I have received is quilty and don’t even get a say in my innocence. Until this day there has been no evidence of my wrong doing just hearsay!

    • Lynette says:

      Goodness! What a time you have had. Hopefully the worst is behind you. The first few months are so tough after a separation.
      I don’t know if you are still on Court so I can just say that generally it does get better with time.
      Hopefully you are seeing your son again. If not, go back to your lawyer and take it back to Court yourself. If you persevere now, then you set clear guidelines for regular time with your boy. If you give up ( I don’t think you will) then your ex will think she can pull the pin on your time with your son anytime. You need to assert yourself and be clear with her right at the start. You have been so far. Good luck Tyson

  4. John says:

    It would be nice if you could recognise that there are malicious DVO’s and what steps can be taken to overturn them, especialy when this is the cause of parental alienation.

    • Lynette says:

      Thank you for your question John. I sense a lot of frustration lies behind your question. Yes, there are many times where Domestic Violence Orders are sought merely to gain points in a divorce or custody hearing.
      We have had lots of male and female clients in that position. I think the courts tend to err on the side of caution and make orders for a DVO even where there is doubt as to whether the applicant for DVO is lying.

      The consequence for the person about whom the lies are told and who end up with Domestic Violence Orders against them can be far reaching and devastating.

      There are steps you can take, however. Firstly, if the order is on an interim basis and you have a court date ( mention) coming up, you can tell the Court that you oppose a final order being made, and would like a trial. This is usually for a day or half a day in a month or so.
      Secondly, in preparation for that trial you need to see if you can find proof, other than your own sworn word, that supports your case. Immediately you will be able to see how tricky that can be. The allegations are usually made about a time when no one else was around. (you cannot get kids to give evidence in court). Usually the only sort of hard evidence you can find would be if your partner was domestically violent to you. By the way, I have often thought the term Domestic Violence is the wrong word. We really should be Domestic abuse, because the definitions in the Act really are not limited to violence . Anyway if you can evidence of your spouse being abusive to you and that he or she has continued to be abusive this may help the Court to resist her application for a domestic violence order if used in conjunction with your verbal evidence .

      The rest of your question opens such a bug topic that I need to write a whole chapter on it. Sorry John. I hope this helps a bit. By the way, if the DV order has already been made, and you get evidence to help your case ( for example evidence that you did not make phone calls through phone records or something substantial , than you can apply to the court for a Variation or Revocation of the existing order. This essentially reopens the case .

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