There are many common legal questions and in our FAQ’s (frequently asked questions) we answer the ones we are asked the most.
This depends on the type of charge/offence committed. Most commonly, you will be given a small piece of paper called a Notice to Appear. This will have the date, time and place you have to attend court. You should let your lawyer know and they will contact police to obtain more information.
If you are taken into the Watchhouse you will be given the opportunity to call your lawyer. We advise that you should always talk to your lawyer before giving a record of interview. You can talk to one of our Criminal Law experts by calling (07) 3733 0901. We can help you navigate the legal system, protect your rights and put the best case forward. Contact us now.
Evidence is what you present in court to prove that the respondent has harmed or may harm you (and/or your child).
Evidence can be your affidavit, the affidavit of someone who has witnessed the respondent committing domestic violence against you, documents, photos, recordings or objects such as torn clothing or a weapon.
Presenting your evidence in Court is a difficult task and we suggest you talk to one of our Family Law experts about how to prepare and present the evidence you intend to rely on by calling (07) 3733 0901. If you do not wish for us to represent you at the Hearing but are simply seeking some guidance, you can book in to speak to one of our Family Law experts for a consultation only. Contact us now.
Support services available
Applying for a Protection Order is a stressful process and there are dedicated services who can assist you through this process and can be contacted as follows:
1800 811 811
24 hours, 7 days a week
1800 600 636
9am to 12 midnight, 7 days a week
Sexual Assault Helpline
1800 010 120
7.30am to 11.30pm, 7 days a week
Kids Help Line on
1800 55 1800
24 hours, 7 days a week
13 11 14
24 hour Crisis Counselling Line
Elder Abuse Helpline
1300 651 192
9am to 5pm, Monday to Friday
Barristers (also known as Counsel) are lawyers who specialise in the presentation of oral arguments in Court. They usually have areas of expertise in specific areas of law. In matters heard in the District and Supreme Courts, it is general practice to engage a Barrister. KLM Solicitors engage a range of exceptional Barristers that we select depending on your needs, budget and type of matter. Contact us now.
Applying for a Protection Order through the Queensland Police Service
In certain circumstances, the Queensland Police Service can assist you with making an Application for a Protection Order. This means that the Queensland Police Service will be the Applicant and make an Application on your behalf. If you are at imminent risk of harm, you should contact Police on 000.
Alternatively, most Queensland Police Stations have a dedicated domestic violence Police Officer who assists victims of domestic violence. We suggest you contact your local police station or the non-urgent police line on 131 444 who will be able to direct you to a Police Station for assistance.
Applying for a Protection Order yourself
You can apply for a Protection Order by completing an Application for a Protection Order and attending any Queensland Magistrates Court (for a list of Magistrates Court, please visit https://www.courts.qld.gov.au/contacts/courthouses).
If you are unable to personally attend a Magistrates Court, you can also complete the online version of the Application by visiting https://www.courts.qld.gov.au/going-to-court/domestic-violence/domestic-violence-orders/applying-for-a-domestic-violence-order. You will need to provide details regarding the violence that has been perpetrated against you in as much detail as possible. The more details you provide in your application, the easier it will be for the presiding Magistrate to consider the allegations you are making. If possible, you should include the dates that the incidents you are relying on occurred.
We strongly suggest you obtain legal advice prior from one of our staff prior to lodging your application with the Court. You can talk to one of our Family Law experts by calling (07) 3733 0901.
Applying for a Protection Order on behalf of a child or someone else
In certain circumstances, you may be able to apply for a Protection Order on behalf of another person, such as a child of a relationship or someone who is medically unable to apply for an Order on their own behalf.
We strongly suggest you obtain legal advice prior from one of our staff prior to applying for a Protection Order on behalf of someone else. You can talk to one of our Family Law experts by calling (07) 3733 0901.
Asking the Court to consider your Application urgently
If you make an Application for a Protection Order, you will need to nominate whether you are asking the Court to consider making a Temporary Protection Order. Meaning, whether you are asking the Court to make an Order protecting you until your matter can be heard on a final basis. In some Magistrates Courts, your Application may not be heard for several months so this is an important consideration.
Once you have lodged your Application and if you ask the Court to make a Temporary Protection Order, the presiding Judicial Officer may consider your application ex-parte (without the respondent knowing you have filed the application). Following this, the Court Registry will then return a filed copy of your Application to you and confirm whether the Magistrate has granted you a Temporary Protection Order. The Application that is returned to you will include when your matter is before the Court. You do not need to provide a copy of the Application to the Respondent. Once filed, the Queensland Police Service will arrange for the Respondent to be served with a copy.
Appearing in Court
You will need to make arrangements to either be represented in Court or to appear personally before the Court, when your Application is listed. If you fail to appear, you Application may be dismissed. If you are unwell or fear for your safety appearing in person, you should contact the Court Registry that your application is being heard in, as you may be able to request to appear by telephone.
The respondent can choose to either agree to an Order being made against them (whether they agree to the allegation you have made or not) or disagree to an Order being made against them. If they disagree, your Application will be listed for a Hearing where the Magistrate will decide whether an order is made against them. Contact us now.
Often it is difficult deciding whether to plead guilty to an offence. To be found guilty after a trial there has to be enough evidence for a Magistrate, Judge or sometimes Jury to decide that you are guilty without a reasonable doubt. It is the police’s job to bring this evidence to court. To give advice on what your prospects of success are when pleading not guilty, your lawyers would need a copy of the brief of evidence.
You can talk to one of our Criminal Law experts by calling (07) 3733 0901 to appear for you in court and assist in obtaining your brief of evidence. Contact us now.
Each case is different and the Federal Circuit Court and the Family Court will consider your situation based on the factors relevant to you and your child’s circumstances. There are circumstances where the Court will consider the child’s views and wishes. However, this will depend on the age and maturity of the child. You should always receive legal advice prior to not facilitating time between a child and their parent. If you require legal assistance, further advice or representation, please contact KLM Solicitors on (07) 3733 0901. Contact us now.