Brisbane domestic violence trial lawyers

How much does it cost to defend a domestic violence order in Brisbane?

Our domestic violence lawyers (Brisbane DV Lawyers) can help if you’ve been served with an application. We offer fixed fee and payment plans, our typical packages are below.

Cost to consent to a domestic violence application

This package includes:

  • advising you on the procedure before and after court;
  • advising and assisting you on implications of an order being made against you; and
  • representing you at court.

Cost to negotiate the terms of an application or proposed order

This package includes

  • advising you on the procedure before and after court;
  • advising and assisting you on implications of an order being made against you;
  • one letter to the other side proposing varied terms;
  • advising and helping with putting together sworn statements; and
  • representing you on the day of court and making submissions as to why the conditions should be altered.

Cost to defend domestic violence order at trial

This package includes:

  • advising you of your likely outcome of successfully defending an order;
  • gathering evidence, including sworn statements from witnesses, police reports and hospital records; and
  • corresponding to the other side requesting they discontinue the application.

This is the second step if we are unable to negotiate with the other side to drop the application the matter must go to trial:

  • representing you in court to advise you do not consent;
  • preparing documents for trial; and
  • representing you at trial.

These packages do not include disbursements (such as court fees, document retrieval fees etc.) and travel costs. Please contact us for further information.We have a flexible approach to fees, you can read more about our approach here.

Commonly referred to as a domestic violence order or a protection order, if someone lodges one against you it can be of both criminal and civil significance. Civilly you could be subjected to a protection order, and criminally you may face assault or other charges. Once a protection order is made against you, you must comply with the conditions on the order, even if the order is a temporary one.  If you breach a condition, you’ll find yourself back in front of the Magistrate and this time, it’s a criminal offence.

Can I contact the applicant once a temporary order has been made?

In one of the most common of conditions, a ‘no contact’ order is added to the Protection Order.  This is most commonly used in circumstances when an Aggrieved person doesn’t want to talk to you.  If you’ve sent text messages containing abuse to your ex-partner, it’s more than likely these will be annexed to an Application and used to justify the handing down of a ‘no contact’ provision.

Each Magistrates court has its own version of a ‘no contact’ clause which states, generally, the following:

  1. That you cannot contact or attempt to contact the Aggrieved by any means (including phone, text message or via the internet).
  2. As an exception to the condition, you can generally contact the other person if it is for the purposes of having contact with children by written agreement.

Can I contact my children if I’m served with a domestic violence or protection order?

If you don’t have children the rule is simple – don’t contact the other person under any circumstances.  With smartphones, these days, every record of contact is kept.  Even a missed call record left on a phone is enough for the Police to charge you with contravening the Order.

If children are involved, the condition is made significantly more difficult to navigate.  Usually, you will only be able to speak to your kids during a time in which the Aggrieved person has agreed to, in writing.

At this point, you might need the intervention of a Family Lawyer, who can attempt to negotiate a written agreement with your ex-partner.

If you have a ‘no contact’ Order on you, it’s important you seek legal advice as soon as possible as it could be weeks, or even months, before a written agreement is reached and you can speak to your children again.

If you disregard a ‘no contact’ provision via a careless text message and are charged with a criminal offence, you’re in big trouble. Given how black and white the condition is and given the ease in which evidence is gathered, you will likely have to plead guilty and face a punishment. It’s also very likely that you will have the incident haunt you throughout any custody proceedings in the Federal Circuit Court.

Protection Orders are serious matters

A protection or domestic violence order can restrict contact with the aggrieved spouse as well as contact with children.

If you are subject to an order, you must understand that it is a very serious matter that deserves your prompt attention. There are potential consequences to a DVO even if you don’t break the order, from contact with children or even the ability for you to hold a weapons licence.

What’s a temporary domestic violence order?

A temporary protection order is like a protection order but it’s for a shorter time to protect those in danger up until the date that a magistrate can decide the application for the full protection order. A hearing for a final order will follow afterwards, but it is usually a long wait. It’s essential to follow and obey the temporary order and obtain legal advice as soon as possible
A protection order is a domestic violence order made by a magistrate in court to protect people in domestic and family violence situations. Most protection orders last for two years however the order can be made for longer or extended if the court feels it’s appropriate.

Why is it important to consult with a domestic violence lawyer?

Every DVO has a standard condition that the respondent must be of good behaviour and not commit domestic violence against the aggrieved or any other person named in the order, including children, relatives or friends. When a court makes a DVO, it can set out specific conditions that must be followed and obeyed by the person who has committed the violence. These rules can impact on your life and it’s important that you are fully aware of the consequences of these rules before the court makes the order.

What is the consequence of a domestic violence order?

The order might stop you:

• contacting or visiting your children;
• approaching the aggrieved at work (what if you work near them or regularly attend their workplace for alternative reasons?);
• staying in a home you currently share, even if the house is owned or rented in your name
• approaching relatives or friends (if named in the order);
• going to a child’s school or day care centre; and
• any extra conditions deemed necessary or desirable,

It is possible to negotiate the conditions, that’s why you should consult with a lawyer as soon as possible.

What to do if you’re served with a domestic violence order

You’ll want to take specific steps to deal with the prospect of having a protection order issued against you. Here are some suggestions.

  1. Firstly follow and obey the Temporary Protection Order, even if you feel that you have a valid defence and will defeat an attempt to turn the temporary order into a permanent order.
  2. Gather any physical evidence relating to any incidents or events the aggrieved application refers to, such as clothing, photos, videos, and objects.
  3. Assemble any documents or records that could relate to the case, such as letters, emails, phone and GPS records, computer records, and records that might show where you were at the time of an incident; and
  4. Make a list of possible witnesses—include every person you think has information about the incident, the accusations or the petitioner—and obtain the witnesses’ contact information.

Even if you plan on consenting to the order, these items could prove useful in negotiating the terms of the order. For e.g. – If you are accused of calling or texting repeatedly, your phone records might show otherwise.

What not to do when faced with a protection order

• It’s a criminal offence to contravene any of the conditions of a temporary protection order or protection order.
• Do not destroy evidence that you think could hurt you, as this may cast you in a suspicious light with and can lead to criminal charges
• Try to talk to the aggrieved or witnesses you expect will testify for them, (including text messages or email), or
• contravene or disregard a temporary restraining order in any way making it even harder for you to defend against the request for a permanent order.
• You should never ignore a restraining order request. Instead, you should get information about your rights and options, consult with a lawyer, and participate in the court process.

 

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