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Domestic Violence

Domestic Violence & Peace And Good Behaviour Orders


At Robinson Law, we have years of experience in Domestic Violence Law.

We can help you:

  • If you are being investigated or charged for a domestic violence breach or offence;
  • If you are the Respondent or the Aggrieved in an existing Domestic Violence matter;
  • If you want to apply for a Domestic Violence Order;
  • If you want to vary or revoke an existing Domestic Violence Order;
  • If you want to apply for a Peace & Good Behaviour Order;
  • If you are defending a Peace & Good Behaviour Order Application.

Contact us today for a free case assessment in respect to your domestic violence law matter.

Questions?
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We take a client-first approach that is focused on delivering solutions and results tailored to each individual’s case. This commitment is demonstrated through our customised four stage client process, which includes an initial consultation, case strategy development, court representation and outcome review.                                            

Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their safety and wellbeing.

Domestic violence is usually a pattern of abusive and controlling behaviour taking many forms. It happens in intimate, family or informal care relationships.

Regardless of age, culture, sexuality or gender identity, you have the right to live without fear.

Domestic violence includes a wide range of behaviours that control or dominate someone, or cause them to fear for their personal safety or wellbeing. These behaviours may include:

  • physical or sexual abuse—punching, hitting, choking, or threatening to punch or hit, forcing a person to participate in sexual acts, damaging someone’s property or threatening to damage property, including hurting or threatening to hurt pets
  • emotional or psychological abuse—stalking, repeated text messaging, making insulting comments, calling someone names, blackmailing or extorting, preventing contact with family and/or friends, controlling someone’s appearance, putting them down, threatening to expose their sexual orientation
  • economic abuse—denying, withholding, controlling or misusing money or property, or threatening to do so
  • threatening behaviour—saying things or acting in a way to make someone feel afraid, threatening to commit suicide or self-harm, stalking
  • coercive behaviour—forcing, intimidating or manipulating a person to do things they don’t want to do, such as sign a contract (e.g. for a loan) or a legal document giving another person power over their affairs (e.g. power of attorney).

Domestic violence extends to children seeing violence, like their parent being hurt, being called names, things being broken or police arriving.

Violence is considered domestic violence when any of the behaviours listed above take place in any of these relationships:

  • an intimate personal relationship—two people (regardless of gender) who are, or were, a couple, engaged, married, in a de facto relationship, the parents of a child or in a registered relationship (a legally recognised relationship between two people regardless of gender)
  • a family relationship—two relatives (by marriage or blood), including a child over 18, parent, stepchild, stepparent, brother, sister, grandparent, aunt, uncle, nephew or niece, as for some community groups, a person who is not related by blood or marriage but is considered a relative
  • an informal care relationship—one person who is, or was, depending on another person for help with daily living activities. (Note: It is not considered ‘domestic’ violence when a person is a paid carer under a commercial arrangement.)
  • If you need urgent help, call the police on 000.

  • If you need housing in a women’s refuge, call 1800 811 811.

  • White Ribbon Australia: 1800RESPECT1800 737 732 - 24-hour national sexual assault, family and domestic violence counselling line.

If you’re experiencing domestic violence, you can apply for a domestic violence order (DVO). The DVO sets out conditions that must be complied with by the person who has committed the violence (‘The Respondent’).

The application process for a Final Protection Order can take several weeks. If you’re in danger currently, you can apply for a Temporary Protection Order until the Order is made final.

If you have a problem or dispute with someone who isn’t considered a respondent under the Domestic and Family Violence Protection Act, you may apply for a Peace and Good Behaviour Order under the Peace and Good Behaviour Act 1982.

You can apply for an Order to protect your rights to peace and quiet, undisturbed by threats to your wellbeing or your quality of life, if a person has done any of the following:

  • threatened to assault or do bodily injury to you or someone under your care—or has threatened to have someone else do it—and you fear this person because of this threat

  • threatened to destroy or damage your property—or threatened to have someone else do it—and you fear this person because of this threat

  • displayed intentional conduct that has caused you to fear that the person will destroy or damage your property.

What the Order does

You can apply to the Magistrates Court for a peace and good behaviour order that requires the named individual to ‘keep the peace’ and ‘be of good behaviour’ towards you. The order can remain in force for a specified time period or as the court sees fit.

To grant the Order, the Court must be satisfied that the respondent has committed or threatened to commit an act of wilful injury or wilful damage against you and/or your property, or has had another person do it.

Before you apply

Before you start proceedings, contact us for a free case assessment to discuss:

  • the strength of your case: as you need to prove in Court that your complaint is true

  • costs, as the Court may award costs against you if your case is unsuccessful.

(1) A person commits a crime if—

(a) the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and
(b) either—
(i) the person is in a domestic relationship with the other person; or
(ii) the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012 .

Penalty—

Maximum penalty—7 years imprisonment.

The Prosecution must prove that:

1. The defendant unlawfully choked/ suffocated/ strangled the complainant.

2. The choking/ suffocation/ strangulation was unlawful. Unlawful means not justified authorised or excused by law.

3. The complainant did not consent.

4. The defendant and the complainant were in a domestic relationship with each other.

What Our Clients Say

The feedback we receive regularly from our clients speaks volumes about our commitment to excellent results, professionalism and service.

Karen Kettlewell

Belinda is the epitome of professionalism in her practice of criminal law. I’ve worked as a Criminologist in the court system alongside Belinda for many years and would refer clients to her for representation. Belinda is fair and empathetic and is able to get the result a client deserves.

Aman Walia

Belinda what you have done for me I can never put into words. Thank you for helping me have a new start in life. Thank you for listening without judgement. Thank you for being on my side. Thank you for being a brilliant lawyer. Thank you for caring.

casey strand

Belinda recently represented a close family member and thankfully got an outcome that no other lawyer said was possible.. It's clear to see that you are passionate about your work as well as being caring, honest and sincere for your clients. If your wanting the best possible outcome I cannot recommend Belinda enough!! Thankyou!

Neville Bush

Belinda is exceptional. She handled my case and everything was taken care of without much of my intervention. I am pleased to have her work on my case. I will recommend her services to my friends and family.

paul makin

Right from the very first message, Belinda has helped me all the way. She's so caring, kind and intelligent. She has given 110% and is an absolute shining star in the world of legal. Her integrity, trust and ability to adapt to the curve balls thrown at her in my case were mind blowing. I just wish there were more people in this world with the caring attitude and attention to detail she has given. Her follow up care was absolutely astounding, checking in on me , and even my family. Thankyou so much from the bottom of my heart Belinda. I'll never be able to thank you enough. You can try the rest , but don't bother , just go to the best from the start !

Melissa Peachey

Belinda is an exceptional criminal lawyer, her attention to detail and professionalism goes above and beyond any of my expectations. We heard about Belindas success with our friend's driving offences and we didn't hesitate to employ her services for our legal battle. Her expertise and knowledge of the law was incredible but she made the process so simple, as legal jargon goes over my head. It was such a stress free experience and we were so happy with the result. You will not be disappointed with Belinda and her excellent client care. We will be using her again in future. Thank you.

Brock Lewis

Belinda, your an absolutely phenomenonal criminal lawyer, and an amazing person! Thankyou for everything and more that you did with my case! Highly Recommend Belinda to anyone in need of the best of the best to represent them to ensure the best results on the Coast!! Your work ethic, passion & drive, commitment, caring attitude, professionalism and more is truly second to none! Thankyou again from myself and the family! X

Desmond Summerfield

I found Robinson Law to be very honest in the dealing of my matter. Another law firm quoted me $1500 and exaggerated the seriousness of my minor offence by saying I needed their representation or I would get a conviction recorded, just to get my business. I was actually only looking at a $400 fine as penalty and no conviction recorded. Robinson Law gave me honest advice about the penalty I was really looking at and cared about my best interests, and saved me money to pay my fine rather than exploiting my situation, which I appreciate very much, thank you Belinda.

Jesse Parker

Absolutely recommend! I hold Belinda’s legal advice and legal representation to the highest of levels. Easily contactable, listens to instruction yet gives advice if she thinks it’s not the best move, conducts herself with the up most professionalism. You will not regret putting your trust into Robinson Law to handle your matter.

Anne Strelow

Belinda’s professionalism and tireless work as a Solicitor is truly amazing. Belinda’s empathy and dedication to her clients is second to none, her commitment to helping others is paramount. As a gifted solicitor and equally an incredible human being, Belinda is the one to help you. Forever grateful. AS.

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