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Information on the Women's Domestic Violence Court Assistance Service.
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If you are appearing in court to protect yourself or your children from domestic violence, you don't have to do it alone.
Women's Domestic Violence Court Assistance Service can help.
How can the service help me?
The Women's Domestic Violence Court Assistance Service offers legal information and support to women dealing with domestic violence issues.
The court assistance worker can assist you by:
- providing free crisis counselling to help you make decisions and consider your options
- explaining how to apply for a domestic violence protection order and court process
- helping you complete a domestic violence protection order application
- helping you change or cancel a domestic violence protection order
- helping you register an interstate protection order
- supporting you in court before, during and after your matter has been heard, in all issues related to the domestic violence application
- helping you report breaches of existing domestic violence orders to police
- referring you and your children to other services, eg counselling, housing services, refuge accommodation, Centrelink services
- referring you for legal advice and representation on domestic violence and related legal issues, such as family law, immigration, tenancy, care and protection.
What is domestic violence?
The Domestic and Family Violence Protection Act 1989 says domestic violence is any of the following acts a person has committed or has threatened to commit against another person:
- wilful injury
- wilful damage to the person's property
- intimidation or harassment of the person
- indecent behaviour toward the person without consent.
The legislation protects people experiencing domestic or family violence by allowing a court to make a domestic violence protection order. A protection order aims to restrict the behaviour of the person using violence (the respondent) and prevents future domestic violence acts against you (the aggrieved).
Who is covered by the law?
The domestic and family violence laws cover people if any of the following domestic relationships exist between two people:
- a spousal relationship
- an intimate personal relationship
- a family relationship
- an informal care relationship.
Children, friends, relatives and work colleagues who have been threatened, abused or harassed and who are in need of protection, can be included in the domestic violence protection order.
Who can apply?
An aggrieved can apply for a protection order at their local magistrates court. A police officer, a lawyer, a person authorised in writing, or the Adult Guardian or a Power of Attorney can also apply for a domestic violence order on the aggrieved's behalf.
Is domestic violence against the law?
Yes. Your current or previous partner's violent behaviour is not your responsibility or your fault. No one has the right to abuse you emotionally, physically, financially, sexually or socially.
You and your children have a right to be safe.
If you are in danger, call the police on 000.
What can I do to stay safe?
- Contact a domestic violence service for information.
- Keep contact with a domestic violence service to assess your options and have someone to talk to.
- Consider applying for a domestic violence protection order.
- Try to talk to and find support from friends, family, social workers and doctors.
- If you visit your doctor, ask them to record the reasons of your visit.
- Know who to talk to in the local women's group, community justice group or elders' group.
- Discuss with your children what to do in a threatening situation.
I'm thinking of leaving my partner. What steps should I take?
- Get legal advice. If you leave a violent partner, you will not necessarily stop spending time with your children or lose your entitlements to the property of the relationship.
- Make a list of emergency numbers.
- Arrange a bag with clothes, medications, important documents, house/car keys and cash. Keep the bag in a safe place where it cannot be easily found by others.
- Let your children's teacher/principal know who is authorised to pick them up from school.
- Open your own bank account.
- Reassure your children by telling them what is happening, although you may not need to discuss all the details with them.
- Let someone you trust know you are planning to leave and where you are intending to go.
- Find out how you can apply for emergency housing in a refuge/women's shelter.
How do I know if it's domestic violence?
It is domestic violence if your current or previous partner...
- is jealous and possessive or makes you feel trapped in the relationship
- withdraws love, money, approval or sex to punish you
- slaps, restrains or uses a weapon against you or throws things at you
- threatens to expose information about you that could be hurtful
- frightens you by smashing objects or destroying your property
- uses contact with the children to harrass you
- denies your contribution or rights to joint assets
- threatens or takes your money away from you
- forces you to make changes to a will or other legal document, or to make someone your power of attorney or enduring power of attorney
- forces you to have sex with them or others
- threatens to 'out' you if you are a lesbian, eg at work or in family law proceedings, or ridicules or belittles your identity as a bisexual
- tries to prevent you from practising your spiritual/religious beliefs
- threatens to have you and your children deported
- ridicules your language skills or cultural practices
- ridicules you because of any disability, illness or impairment you have
- threatens you by saying - "Do what I say or I'll put you in a nursing home"
- gives you the incorrect amount of medication, for instance, you may be over-sedated in the middle of the day
- does not provide you with necessary aids such as hearing aids, spectacles, walking frame or dentures.
Try to get legal advice as soon as possible if you think you are a victim of domestic or family violence.
Where to get help
Emergency and crisis
- Police - 000
- dvconnect – Women's Crisis Line - 1800 811 811 (24 hour freecall)
- Immigrant Women's Support Service
- Domestic Violence Service - 3846 3490
- Sexual Assault Service 3846 5400
- Lifeline - 13 11 14
- Sexual Assault Helpline - 1800 010 120
Legal assistance
- Legal Aid Queensland - 1300 65 11 88
- ATSIWLAS - 3392 3177
- Women's Legal Service - 3392 0670 or freecall 1800 677 278
(9.30 am to 1 pm Monday to Friday; 6.30 pm to 7.30 pm Monday, Wednesday and Thursday)
- Family court inquiries - 3248 2200
- Welfare Rights Association - 3847 5532
Brisbane Magistrates Court
- General inquiries - 3247 5598
- Domestic violence clerk - 3247 4612
Police Prosecutions
- Brisbane - 3234 2222
- Holland Park - 3847 8733
Counselling help
- Brisbane Domestic Violence Advocacy Service - 3217 2544
- Centacare - 3252 4371
- Gay and Lesbian Welfare Association - 3017 1717 or freecall 1800 184 527
(7 pm to 10 pm, seven days a week)
- Kinections - 3435 4300
- Relationships Australia - 3831 2005
Interpreter services
- Deaf Services Queensland - 3892 8500 or TTY 3892 8501
- Translating and Interpreting Service - 131 450
Women’s Domestic Violence Court Assistance Service
This is a free and confidential service in the Brisbane Magistrates Court. It aims to provide support and assistance to women and their children who are affected by domestic/family violence and related issues. The service also helps women access the justice system.
Contact details
Women’s DV Court Assistance Service
Telephone: 07 3238 3562
Fax: 07 3238 3927
Legal Aid Queensland
44 Herschel Street, Brisbane
GPO Box 2449
Brisbane Qld 4001
Brisbane Magistrates Court
6th Floor, 363 George Street, Brisbane
GPO Box 1649
Brisbane Qld 4001
For urgent assistance, call Legal Aid Queensland on 1300 65 11 88.
Free TTY and TIS interpreters are available if needed.
Someone who is abusive is choosing to use abusive, manipulative or controlling behaviour.
You have a right to feel safe.