The impact of family violence on parenting orders
Domestic Violence Orders (DVOs) in Queensland can have a significant impact on family law matters, especially those involving parenting arrangements.
Under the law, if anyone thinks a child is at risk of family violence or child abuse, they must tell the court.
If the court finds evidence of family violence or child abuse, orders will be made to protect the children – that doesn’t mean parenting orders will be made immediately, but the court may order an investigation from authorities.
Courts can order supervised contact with one parent, if they feel that child may be at risk. Or in some rare cases, the courts can order no contact with one or both parents.
Under Queensland family law, the safety and wellbeing of children is the considered to be the court’s top priority. One of the most important tools available to protect children from physical, emotional, psychological, or sexual abuse is a DVO.
A DVO can restrict the perpetrator’s contact with the child and help create a safer environment.
If a parent fails to act or to protect their child, the court could act through child safety services, and by changing custody or living arrangements.
The role of evidence in family law court proceedings is critical. However, in cases of family violence, in can be difficult as there are often no witnesses.
If there are no independent witnesses, you can still go forward with your case. You can give written evidence in the form of an affidavit, and it’s important that you stick to the facts – don’t exaggerate details, just be truthful.
You may also be able to get evidence from other sources including:
- witnesses who can say that your version of events is true
- written documents which support what you say
- reports from professionals
- financial records
- letters or other correspondence
- affidavits
- photos or videos
The rules of evidence are complicated, and not everything that you consider relevant can be shown to the court. You will need legal advice to help you with this process, and with all aspects of court hearings.
There are also several services you can contact for help:
DVConnect is a 24/7 domestic violence crisis line offering immediate support, safety planning, and emergency accommodation. Phone: 1800 811 811 (Women’s Line) or 1800 600 636 (Men’s Line).
If you are in immediate danger, contact the Queensland Police Service on: 000. If you are hard of hearing or find it hard to talk, use the text-based emergency call service instead on: 106
Relationships Australia Queensland offers counselling and support services. Phone 1300 364 277.
Lifeline provides 24/7 mental health and crisis support. Contact them on: 13 11 14.
Michael Lynch Family Lawyers has a team of accomplished family law experts ready to help you.
We have extensive experience in all aspects of family law, including issues surrounding family violence, parenting orders, and court hearings.
To make an appointment, call our office on: (07) 3221 4300 or email: [email protected]
