Criminal Lawyers Brisbane Ipswich Toowoomba Southport Dalby Qld
Criminal Lawyers Brisbane Ipswich Toowoomba Southport Dalby Qld
If you are in need of protection, we can help. DV work is complex and challenging. DV is no longer just considered physical violence. Contact us now and we can help you obtain an order for your protection and the protection of loved ones.
Get a Criminal Lawyer at your nearest office and get the help you need now.
Now servicing Brisbane, Gold Coast, Maroochydore, Ipswich, Logan, Beenleigh, Toowoomba, Dalby, Roma.
Whilst having a DVO sought against you by the Police is not a criminal law matter, it can still have serious consequences for you, including Immigration problems.
Police can often be seeking your removal from your home or not being able to attend your normal activities. You won't be left not knowing after you call our dedicated solicitors.
No matter the circumstances, if you have been served with an application, your options are :
1) consent to the order without admissions;
2) Seek an adjournment until you get more legal advice;
3) seek directions for trial - to dispute the application.
Your case will rarely be struck out on the first occasion.
If you choose 1, then an order will be made. Normally in the terms of what the Police or Applicant are asking. There is some room for negotiations as to the term and specific conditions.
If you chose 2, the court will still consider whether to make a temporary protection order.
The standard for obtaining a temporary protection is very low.
A) That there is a relevant relationship;
B) that there is an allegation of dvo; and
C) that it is necessary or desirable.
If you choose 3, The standard for obtaining a domestic violence protection order is still very low. You will find a list of conduct that is considered DV on the forms the Police gave you.
A) That there is a relevant relationship;
B) that there has been domestic violence; and
C) that it is necessary or desirable.
Our firm has an enviable record of successfully challenging DVO Applications.
There will be several mentions of your matters in Court before a trial.
Directions for Trial
The Police or Applicant will be required to produce Affidavits or Statements showing their case. Then you'll have to do the same. Material or Witnesses can be ordered or subpoenaed to give evidence your case.
Once both sides tell the Court they are ready a Trial Date will be made in the future, weeks or months away.