Media/News/Publishing [Queensland, Australia]

2016-08 – Balancing the scales – protecting yourself against possible DV Order

It appears that under the current domestic violence legislation in Queensland (and presumably other states and territories), it may prove difficult for a person to protect oneself against a possible DV order after they have found that they may have committed what is defined as domestic violence in the relevant legislation. This would be especially the case where evidence of such acts could be presented at court, derived from a diary or from a special-purpose App or from a third party or otherwise.

In these circumstances, what I believe a person could do is try their best to restore the relationship through romance and/or a special apology and/or counselling and/or a course (where there is no current order in force). The person may find that such action will mean that the other person will no longer find an application for a DV order necessary in the circumstances. Nevertheless, for one’s own protection, it could be recommended that a person document their romantic gestures, special apologies, acts of kindness, counselling/courses attended, etc in their own diary or App. In the event of being taken to court, the person will have something which may persuade a court that a DV order against them is neither necessary nor desirable. Objective responsible action to resolve a dispute may be seen as positive action on one’s behalf and may be weighted accordingly by the court. [What may also prove useful is the documentation of silent treatment by the other party. It is conduct which may not be seen to be a responsible way for an adult to deal with a dispute belonging to two parties].

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