Domestic Violence Lawyers Cairns
Acts That Constitute DV
Mansia Bovey & Company Lawyers can provide assistance with Domestic Violence Orders (DVO) and a range of other related legal services. Based in Cairns, we service clients throughout the Tablelands region, including in Mareeba. While the definition of domestic violence is somewhat broad, it constitutes any of the following:
If you have been the victim of domestic violence, or if you are the Respondent to domestic violence proceedings, it’s important to seek help.
First and foremost, it’s important to protect yourself. That’s why we recommend consulting with professionals about how to apply for an order and make it stick. Call our domestic violence lawyers today for more information.
Domestic Violence Order
If you’re filing a Domestic Violence Order, you will be required to provide Mansia Bovey & Company Lawyers with some specific details to support your Domestic Violence Order (DVO). For example you may be required to provide details pertaining to:
- Your relationship with the accused: a personal, intimate relationship such as a couple, parents of a child, family relationship or informal care responsibilities; and
- That you experienced domestic violence by the respondent and examples of this.
Proof of domestic violence can sometimes be hard to acquire and can come in many forms, for example, eyewitness testimonies, medical records of injury, audio/video recordings and text messages.
At Mansia Bovey & Company Lawyers, we will support, direct and assist you in gathering the relevant information and documentation required to make a successful domestic violence application or respond to a domestic violence application as a respondent.
Responding To An Application
In the event that an application for a Domestic Violence Order is filed against you, be sure to seek legal help before consenting to the order or talking to the police. Our experienced and qualified team provides all the insight required to navigate this process.
As a respondent, you will be given the chance to make your defence. It’s important to have experienced professionals on your side should this be your plan. A Domestic Violence Order can have serious long-term consequences on employment and other rights, so it’s important to get the best defence possible.
Mansia Bovey & Company Lawyers provide assistance to domestic violence applicants as well as respondents. Because we understand the legalities from both sides, we are able to better serve our clients and give them the help they require.
Book an appointment for a consultation with our team today.
Standard Durations
Typically, Domestic Violence Orders last 5 years from the date the order was made in court, with shorter durations in some instances. If you are looking to shorten an order that is already standing, our DVO lawyers can assist you in filling an Application to Vary the Order. This can be done on behalf of both respondents and applicants.
Because these orders have such a significant effect on people’s lives, we recommend seeking the help of an experienced team of domestic violence lawyers for all matters related. We can help you remove or shorten the order without the risk of prison time. Should you choose to breach a current standing DVO, for instance, you will be punished with up to 5 years in prison. Be sure to seek help from Mansia Bovey & Company Lawyers.
Domestic Violence Advice
If you are currently the victim of domestic violence, but don’t know whether you want to place an order, book a consultation with our solicitors. We can walk you through the options available to you, so you are better prepared to make any difficult decisions.
The stress surrounding these situations is often significant and can make it difficult to know where to start. At Mansia Bovey & Company Lawyers, we have assisted with countless DV claims. Our team deals with all domestic violence matters, as well as all criminal law matters, including commonwealth offences, drug offences and traffic offences.
Changing Conditions Of A DVO
In some circumstances, you may wish to extend the length of or amend a condition within a Domestic Violence Order. There are a number of factors a Magistrate will take into account and must be satisfied of to extend or amend a domestic violence order so it’s important that you make the application correctly. Our experienced domestic violence lawyers can help you to through this from start to finish. Contact us at Mansia Bovey & Company Lawyers today.
Children & Domestic Violence Cases
You may share parental custody of a child with the other party involved in the domestic violence case. In some cases, the child will be named as a protected/named person on the Domestic Violence Order.
Our domestic violence lawyers have extensive experience handling DVO claims involving children, therefore can advise you on the best route for your situation.
We Can Help
At Mansia Bovey & Company Lawyers, we can assist you whether you are an Applicant and wish to make an application for a Domestic Violence Order, or if you are a Respondent, and an Application has been made against you that you need respond to.
Contact us today for assistance.
Frequently Asked Questions
Q. 1 : How long does a Domestic Violence Order last?
The standard duration of a Domestic Violence Order (‘DVO’) is 5 years from the date the DVO was made in court. The length of the order can be made for a period of less than 5 years if the court is satisfied there are reasons for doing so.
Alternatively, if a DVO is already in force then an Application to Vary the Order can be filed by any party (aggrieved/applicant or respondent) which can vary conditions, named person and duration.
Please contact our office to speak to one of our solicitors to find out the specifics.
Q. 2 : What are the consequences of a DVO being made against me?
If a temporary DVO or a final DVO is made by a magistrate then this can have significant impacts on your employment, or if you are the holder of a weapons licence it may result in a suspension or cancellation of your licence for a period of time.
Once a DVO is in force, either on a temporary or final basis, and you are aware of its existence, any breach of the DVO is a criminal offence punishable by up to 5 years imprisonment.
You should seek legal advice before agreeing to any DVO being made against you.
Q. 3 : Will I have to testify/given evidence in court?
If your case goes to trial, you will be required to attend court to give evidence/testify. This can be a difficult and stressful experience for many victims and respondents, however, there are measures that can be put in place to support you during the process.
As your lawyers, we will discuss your needs and arrange for measures to be taken to protect you and make the experience as easy as possible.
Q. 4 : What can a Domestic Violence Order achieve for an Applicant?
When you secure a DVO against a respondent, the Order will contain conditions that the respondent must comply with. Should they fail to comply with the conditions the police may charge the respondent with a criminal offence. Some of the conditions, for example, can prevent the respondent from:
The conditions contained within a Domestic Violence Order will vary from case to case and depend on the circumstances of each matter.