Have you been charged with Domestic Violence?
Domestic violence (“DV”) is treated by the courts very seriously and as such can impose harsh penalties. People who are found guilty of domestic violence will have their lives changed for ever. A domestic violence conviction can mean the loss of employment or worse, a term of imprisonment.
As DV can occur with a wide range of abuse in almost any type of relationship, it is crucial that you obtain legal advice regarding your situation. If you are unsure about your charges, Brisbane Criminal Lawyers offers a Free Initial Consultation for all new clients. To organise your Free Consultation, call 1800 200 357.
Types of Domestic Violence Abuse
In 2012, the Queensland Government introduced legislation, the Domestic and Family Violence Protection Act, which seeks to impose tough penalties on a wide range of abuse. Often people charged under this legislation are confused due to the nature of the charge. However, due to the nature of the legislation, DV can arise under the following circumstances:
- Physically abusive;
- Sexually abusive;
- Emotionally or psychologically abusive;
- Economically abusive;
- Threatening;
- Coercive; or
- In any other way controls or dominates the second person and causes the second person to fear for his/her safety of wellbeing or for that of someone else.
Relevant Relationship for Domestic Violence
To establish the incident or alleged incident is DV, the prosecution must prove the person charged and the complainant have a relevant relationship. Sections 13 to 18 of the Act says that a relevant relationship can be any of the following relationships:
- Intimate personal;
- Family;
- Informal care;
- Spousal;
- Engagement;
- Couple;
- Parent; or
- A person having responsibility for a child.
In essence, you do not need to be married or in a relationship when it comes to being charged with DV. As some relationships can be difficult to define, the broader definitions in the Act allow almost anyone to be charged with DV.
Why Do I Need a Lawyer?
The standard for proving domestic violence compared to other criminal charges is significantly lower. The two key requirements for proving the offence include almost any type of abuse against another person, and secondly, establishing a relevant relationship.
If you are found guilty of this offence, your job prospects can be severely impacted or worse, you could be going to jail. Our role as your criminal defence lawyers will be to effective case manage your matter while also providing you with honest advice on how best to proceed.
