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Experiencing domestic violence is very distressing and traumatic. If you find yourself in this situation, feeling scared and uncertain about the future, please know that Ferrall & Co. is here to support and protect you.
We know how stressful legal challenges can be. That’s why we work so hard to provide clients with the support they need. Proper representation goes beyond legal help. A good lawyer recognises the need for emotional support as well.
Our domestic violence lawyers Caloundra are dedicated to helping people who are facing tough times at home feel safer and more secure. We want to help you protect yourself by utilising the law.
We understand that you may be going through a difficult time. Our top priority is ensuring that you fully comprehend the legal proceedings. We want you to feel confident about the steps we’re taking together.
Our goal is to advocate for what’s best for you and ensure your voice is heard loud and clear. You don’t have to face domestic violence alone.
If you are a victim of domestic violence, a lawyer specialising in this area can help during this challenging time. The lawyer can help you stay safe and protect your legal rights by obtaining restraining orders.
Additionally, they can guide you through complex legal procedures, act as your advocate in court, and provide the necessary emotional support.
A knowledgeable domestic violence lawyer can also educate you about your rights and help you confidently navigate the legal system.
We Are Here Help You
Our domestic violence lawyers provide support and guidance to those experiencing domestic violence to make them feel cared for and confident.
We are dedicated to fiercely protecting your safety and rights while supporting your needs with dedication and strength.
We’ve handled cases of various levels of complexity. We’ll do the legwork to ensure you benefit from the best case possible.
We simplify the legal process. You’ll get clarity and security to ease your journey.
Meet with us so we can understand your situation and needs. A consultation is an important opportunity for us to learn how we can empower you.
Each client receives a personalised strategy. This strategy shows exactly how we’ll handle your situation. Our experienced lawyers represent clients with expert knowledge.
Let us handle the work for you. We can help with filing applications and keeping on top of deadlines. We’ll also manage negotiations for parenting and property matters.
Our team can help you across a range of areas. Do you have a family law issue? No problem. Do you need a criminal defence lawyer? We can help. With our extensive experience, we help find the best possible outcome.
We’ve been proud members of the Caloundra community for many years. This has given us knowledge of local nuances in the legal system.
We always prioritise our clients. We’re completely transparent about our fees and provide free quotes. We’ll defend your rights and tailor our approach to you.
Our lawyers are experts in their respective fields and individuals who genuinely care. We understand the emotional and financial toll legal issues can take, and we’re here to provide peace of mind and cost-effective expert advice.
Protection orders are one of the main ways that domestic violence victims are assisted under the Domestic and Family Violence Protection Act 2012.
If you’re experiencing domestic violence, you may apply for a protection order. Here’s the basic process:
Complete the Form DV01 – Application for a protection order. There are several ways to do this:
Fill out the form online.
Complete the interactive PDF.
Print the PDF and fill it out by hand.
Complete the form at your local Magistrates Court.
If you need additional space to include all the necessary details of your case, you can attach an extra page to the form.
After you’ve completed the form, sign the statutory declaration in front of a Justice of the Peace or Commissioner for Declarations.
File the form at the Magistrates Court in person or through the post.
The police will serve the application on the respondent after filing. You will then get a court date.
Answer the form’s questions in as much detail as you can. What violence was threatened? When and where did the incidents occur?
You may include the names of any children on the application. Named children will be covered by the protection order. This could include unborn children or children who spend time at your residence regularly.
Domestic violence can be an emergency issue for victims. Sometimes, an aggrieved party can’t wait for a final order. What are their options?
Police protection notice. A police officer may implement a protection notice when responding to a domestic violence incident. The notice serves as a protection order until final orders can be sought.
Urgent order. Urgent orders can be granted by the Court without waiting for the respondent to be served with the application. The aggrieved needs to establish that urgent orders are warranted.
Protection orders will contain terms that the respondent must legally adhere to. Every order contains these standard conditions:
Maintain good behaviour and do not commit domestic violence against any party named in the order.
Do not expose a named child to domestic violence.
A judge may include additional conditions depending on the circumstances. These may include:
Preventing the respondent from trying to approach or locate the aggrieved.
Stopping the respondent from visiting a location associated with a child, such as a school.
The conditions set out in a protection order are legally binding. Breaches constitute a criminal offence. This may result in criminal charges.
After completing a Bachelor of Laws at James Cook University in Townsville in 2002, Rowena completed her initial legal training at the Aboriginal & Torres Strait Islander Legal Service (ATSILS) in Townsville. She then finalised her Post Graduate Diploma through the Australian National University in Canberra in 2004, the same year she qualified to practice as a solicitor.
Rowena is admitted to practice in Queensland and in the High Court of Australia, allowing her to appear in all Courts in Queensland as well as Federally based Courts across the country.
Rowena has worked in Townsville, the Sunshine Coast and Brisbane in general litigation since her admission in 2004. After working as a generalist for several years, Rowena decided that she could best serve her community by opening her own boutique legal practice with a relaxed approach to client consultations, a manageable fee structure, as well as incorporating two furry friends who provide additional support for clients when in need.
When a married couple’s relationship breaks down due to issues that cannot be resolved, the couple has a right to divorce according to Australian law.
Ferrall & Co. are passionate about supporting families and seeing the best outcomes achieved, especially for the children involved in a family separation.
When couples separate, they need to fairly divide their property that they acquired during their relationship. Property in this case doesn’t just mean real estate.
If you have been in a relationship where you were not legally married, you may be considered a de-facto couple.
Under the Family Law, same sex couples have the same rights in both de facto relationships and in marriage as heterosexual couples.
Here For You
There are many community resources that are freely available to domestic violence victims. These include the following:
Legal Aid Queensland. Legal Aid Queensland provides free information online. They may also provide access to free or low-cost legal help in some cases.
Suncoast Community Legal Service (SCLS). The SCLS offers information toolkits on a range of legal matters and access to referral law firms.
DVConnect. DVConnect operates helplines for women and men. They can assist with counselling and organising support such as emergency accommodation.
When you’re in a difficult situation, Ferrall & Co. Lawyers have your back.
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Domestic Violence
Domestic violence doesn’t start and stop at physical abuse and you don’t have to be physically violent to your partner to have a credible Domestic Violence Order (DVO) made against you. Behaviour such as controlling finances, harassment such as sending unwanted text messages and social media communication, all fall under the definition of domestic violence in the legislation.
A Domestic Violence Order (DVO) in Caloundra is an official document issued by the Court to prevent threats or acts of domestic violence. The violence may come from a partner or family member.
Here’s a summary of the key points:
Purpose of a DVO
A DVO (Domestic Violence Order) is designed to protect the ‘aggrieved’ (the person who has experienced violence) by setting rules that the ‘respondent’ (the person who has committed domestic violence) must follow. It aims to make certain behaviours illegal for the respondent to ensure the safety of the aggrieved.
Nature of a DVO
It is a civil court order, meaning it will not appear on the respondent’s criminal history. However, if the respondent disobeys the order, it becomes a criminal offence, which will be reflected in their criminal history.
In Queensland, there are two main types of Domestic Violence Orders (DVOs):
Domestic Violence Protection Order
Temporary Protection Order
An Application for a Protection Order is the legal term for an Application for a Domestic Violence Order (DVO). The person being protected by the DVO is called the ‘aggrieved’ whereas the person being served the application is the ‘respondent’.
Having a Domestic Violence Order (DVO) put against you is a big deal. These are very real documents that can have dire consequences on your life and freedom. If you have been served with an application for a protection order, the actions you take in the coming days could impact your life, and your children’s lives, for years to come.
When in this situation, your safest and smartest move is to seek solid legal advice that will guide you to the best outcome and help you know where you stand in the proceedings.
Having a DVO put against you can have a significant impact on your life and these new rules can take place from the very first Court appearance.
Having a DVO against you can:
If you don’t follow the conditions and you breach what the order says, there are serious criminal consequences that can lead to imprisonment.
The application will be heard in your absence and what the police, or other party, have asked for will be put into an Order that could last up to five years.
Going to court means you are able to tell your side of the story. While you will not get in trouble for not going, you must go to Court if you want to be heard. If you choose not to go, the matter will be heard and a final decision will be made without you, which will be a DVO.
If you’re looking for a domestic violence lawyer in your area, a good place to start is by doing an online search using keywords like “domestic violence lawyers near me.” This will provide you with a list of local legal experts that you can explore further.
Our law firm, Ferrall & Co. Lawyers, is known for our dedication and expertise in handling domestic violence cases. You can also check the local law society websites for comprehensive directories.
Additionally, it’s helpful to seek recommendations from local support groups or individuals who have been in similar situations.
Many lawyers offer a free initial consultation to discuss your case and explain how they can be of assistance. However, Ferrall & Co. Lawyers take it one step further by providing a generous free 30-minute consultation, allowing you to understand your options and how they can help without any obligation.
When seeking legal assistance, it’s recommended to check their website or call their office directly to inquire about these free consultations. Specifically, mentioning Ferrall & Co. Lawyers’ generous offer can be a great way to start finding the support you need.
Orders can be made against current or former partners but can also be made against other people in your family such as parents, children, siblings, or even informal carers.
Children or other family members of the aggrieved can be named in an Order and protected in the same way as the aggrieved, even if they have not directly suffered acts of domestic violence but have been exposed to it.
Often you won’t be allowed to contact the other party. Which means, in doing this you may be breaching the Temporary Protection Order. This will be a criminal offence.
No. DVO proceedings are confidential. It is an offence to publish or communicate certain information about the proceedings and you may be liable for criminal prosecution if you do. Ferrall and Co. advises you to avoid all posts and discussions. Even if they aren’t considered criminal offences, you may be giving the other party evidence against you.
No. You aren’t allowed to move back in until the Court has granted permission. Otherwise, it is likely to be a breach of the DVO and a criminal offence.
