FinalLogoOnly-01.png

DOMESTIC VIOLENCE

At Salerno Law we can assist you in applying for a domestic violence order or responding to an application for a domestic violence order.

Domestic Violence affects people from all socio economic and cultural backgrounds within our community. At Salerno Law we have lawyers who can assist you in gaining protection against someone who is abusing you or causing you to fear for your safety. We can also assist you with advice and representation if you have been accused of domestic violence.

Domestic violence is behaviour that is physically, sexually, emotionally, psychologically, or economically abusive. It can take the form of threatening or coercive behaviour that dominates or controls or causes fear for your safety or wellbeing or that of someone else.

At Salerno Law our Family Law and Domestic Violence Lawyers can provide you with advice and representation in all domestic violence matters.


Are you experiencing Domestic Violence?

At Salerno Law we can provide you with legal assistance so that you can be protected from domestic violence under the law.

The law recognises that your safety and wellbeing should be protected from domestic violence and fear of violence, disruptions to your life should be minimised and the perpetrator should be held accountable.

If you fear for your immediate safety, you should call the Police on 000. Police have the power to take out an application on your behalf and serve the perpetrator with an immediate police protection notice. If your matter is not urgent you may also call;

1. 1800RESPECT on 1800 737 732, the National sexual assault, domestic family violence counselling service
2. The Domestic Violence Helpline on 1800 811 811
3. The Domestic Violence Hotline QLD on 1800 600 636

If you are not in immediate danger, you can call our office and schedule a meeting with one of our Family Law and Domestic Violence lawyers. We will listen to your concerns and experiences and give you clear legal advice about domestic violence and assist you to gain the legal protections available under the law. At this time, you may also require family law advice.

At Salerno Law our lawyers have sought protection for clients who are in varying relationships. If the abuser is a current or former spouse, fiancé or if you are or were a couple, you can be protected under the Domestic Violence laws. Family connected by blood or marriage or former marriage and those who are dependent upon another person in a carer’s role are also protected under the Domestic Violence laws. You can also be protected from the parent of your child even though you may never have been in a relationship with that person.

Domestic violence may not be physically obvious, and it may have escalated slowly in your life over time. For example, your partner may prevent you from having a job, check your emails and phone messages, call frequently to check on your activities, prevent you from spending time with family, use derogatory comments toward you and restrict you financially. These are all acts of domestic violence.

The court can order that a person must not commit domestic violence against you and place conditions on the person to promote your safety. Additionally, your children may be named and protected under the order. The court may restrict physical contact, communication and even prevent the abuser from living in the home you share to provide protection from domestic violence.

 

Have you been accused of Domestic Violence?

If you have been accused of domestic violence it is important that you seek legal advice. At Salerno Law our Family Law and Domestic Violence lawyers can meet with you, read over the application and allegations made against you and provide you with clear legal advice about your options and the potential future issues that may arise.

You should not ignore the application or your court attendance date and time. If you have been served with a Domestic Violence application, it is most likely that the Police have taken out the application on behalf of the other person. This means that even if the other person wants or tries to withdraw the matter, it will be heard by the court because it is a police matter. Furthermore, the court will not regard attempted persuasion by the alleged victim that it was all just a misunderstanding.

Our Family and Domestic Violence Lawyers at Salerno Law will advise you about your options in responding to the allegations. It may be the case that you are also in need of protection, and we can provide you with advice about cross applications, file the matter and represent you in those proceedings.

If you are served with an application, listen carefully to the Police as they explain it to you, read the documents and ask questions if you do not understand the conditions that have been placed upon you. You can call our office to schedule an urgent appointment with one our Family and Domestic Violence lawyers. We can provide you with advice, represent you in court, speak with the Prosecutor and make legal arguments on your behalf as to the conditions that may be imposed. You may also elect to have the matter heard at trial.

Domestic Violence orders are classed as private matters and they are not placed on the public record, however if you breach an order, it is a criminal offence, and you can be charged under the Crimes Act and even be incarcerated. If you are a respondent to a Domestic Violence application or if there is one already in place, it is important that you understand the conditions, your obligations and the behaviours that could lead to a breach or further applications against you.

Our Family and Domestic Violence lawyers can provide you with advice and assist with your response to the application. You may agree with the order being put in place without making any admissions of guilt, contest the matter, or make a cross application. We can assist in applications to varying the terms of an order and advise you about the interaction between Domestic Violence orders and family law. Our lawyers understand that you may need support and frank advice around the incident’s claimed to have occurred and behaviour change programs. We can provide you with referrals to appropriate programs and advise as to how this can assist with your matter before the court.

If it is a private application and not one made by the Police our Family Law and Domestic Violence lawyers can negotiate undertakings on your behalf to resolve the matter. You should seek advice early and before you contact (if permitted) the person who is named on the order as the aggrieved.