Domestic Violence laws – updates and changes - May 2024

The key changes to legislation are as follow:

1. Changes in addressing behaviour known as “coercive control”. Coercive control refers to a pattern of behaviour that seeks to take away the victim's liberty or freedom and to strip away their sense of self. It can include emotional, psychological, financial, and other forms of abuse that are not necessarily physical harm or threats of physical harm.

2. A requirement imposed on the Queensland Police Service to provide a copy of the respondent’s domestic violence and criminal histories to the Court, at least during the first hearing of the application but before if possible. Where the application is not made by the police (for example, in a private application by the aggrieved themselves or someone else on behalf of the aggrieved), the Court can seek that the police provide these histories. This applies in applications for a Temporary Protection Order, a Final Domestic Violence Protection Order, and an Application to Vary a Domestic Violence Protection Order. The Court may, but is not required to, consider the histories when making a protection order. However, an application can be made to the Court seeking all or part of the respondent’s criminal and/or domestic violence history is not to be disclosed if the Court is satisfied they are not relevant to the application.

3. Where the respondent has filed a cross-application against the aggrieved, the Court must consider who is in most need of protection. Practically, that means that unless there exist exceptional circumstances that both people can demonstrate they both need protection from the other, the Court must only make one order in favour of the person identified as “most in need of protection”.

4. Prior to the amendments, the Court had the power to order costs consequences when either party, including the aggrieved, is found to have acted unreasonably (such as failing to comply with the Court’s directions and orders, or intentionally delaying proceedings without just cause). The amendments provide that the applicant themselves may be liable to costs consequences if the Court decides that they themselves engaged in behaviour, or a pattern or behaviour, which is domestic violence towards the respondent. The Domestic and Family Violence Protection Act 2012 (Qld) defines this sort of domestic violence as “systems abuse” or “legal abuse”; and includes making an application based on false allegations, to exert control or dominance over the respondent, or to torment, intimidate or harass the respondent. Simply put, if the Court considers the applicant has abused the legal system which is designed to protect genuinely aggrieved victims of domestic and family violence, there will be costs consequences for the applicant.

If you or someone you know needs legal assistance with domestic and family violence matters, we are available to help.