Charged With Domestic Violence?

Domestic Violence Lawyers Brisbane

Our Brisbane-based domestic violence lawyers are a team of trusted individuals who are very experienced in domestic violence orders.

Our DVO lawyers are here to advocate for you, and provide the best possible outcome for our clients during representation in Court.

There is a lot of preparation, care and attention to detail that goes into the work with our clients from our initial consultation, to achieve the best results for our clients. We are available to speak with our clients at any time of the day, 7 days a week.

Rana Lawyers

Criminal Law Experts in Domestic Violence Charges

When you make contact with our domestic violence lawyers, either by phone, online or face-to-face, we can provide experienced advice, unique to your situation.

Once you are booked in for a 30-minute free, non-obligation consultation with our Brisbane-based criminal law firm, which can be done over the phone or in person, you can tell us about your case so we can make an assessment. We will then explain to you the general terms, what to expect, and give our estimate.

If you decide to retain us, from here, you can place your trust in our team.

Our team is focused on providing exceptional client care. You can also have confidence knowing that our team of trusted criminal lawyers work with you in a matter of confidentiality. From regulatory proceedings to disciplinary proceedings, our criminal defence team uses their knowledge and experience to get the results you want.

There’s a lot of preparation and a lot of complexity within domestic violence law, and that’s something that Rana Lawyers specialise in dealing with.

With any sort of legal relationship, it’s not easy to get a second opinion, which is why Rana Lawyers’ domestic violence team believes in developing trust between you, the client, and our legal experts. It’s essential to trust the advice that we’re giving you.

Although you may think a complaint is not serious, we urge our clients to contact us before it impacts their future. It is far better to contact our experienced team to advise and guide you, even if you’re not aware of any Police involvement.

Rana Lawyers

What is Domestic Violence? Is Verbal Abuse Domestic Violence?

Domestic violence refers to any abusive or violent behaviour that occurs between individuals who have a domestic or family relationship. It is regulated by the Domestic and Family Violence Protection Act 2012. Domestic violence can involve physical, sexual, emotional, or psychological abuse, as well as economic control, intimidation, or coercive behaviour.
Ordinarily, if the Police are called, they have the ability to make an application on behalf of a party. For instance, if a husband and wife have a verbal argument and the Police are called, depending on what they are told, they can make an application on behalf of the husband or wife, even if they do not want the application to be made.

The application is then heard in Court and an order can be made. This is known as a ‘protection order’. Allegations of breaches of any of the conditions of this order, such as being of bad behaviour towards the aggrieved, may result in a criminal charge.

A domestic violence charge arises when an individual is accused of committing acts of violence or abusive behaviour against a person who is named on the protection order. The charge can be pressed by the alleged victim, the Police, or other relevant authorities.

Defending a domestic violence charge in Queensland typically involves several key aspects:

Legal Representation: Rana Lawyers can provide legal advice and representation to you during the entire legal process, to ensure your rights are protected and provide guidance on the best course of action.

Assessing the Evidence: Our criminal lawyers will review the evidence against you, including any witness statements, photographs, medical reports, or other relevant documentation, to assess the strengths and weaknesses of the prosecution’s case.

Developing a Defence Strategy: Based on the evidence and circumstances of the case, we will work with you to develop a defence strategy. This may involve challenging the credibility of witnesses, questioning the admissibility of certain evidence, or presenting an alternative narrative of the events.

Negotiations and Plea Bargaining: In some cases, we may engage in negotiations with the prosecution to seek a plea bargain, which could involve reduced charges or penalties in exchange for a guilty plea. The decision to accept a plea bargain rests with you.

Court Representation: If the case proceeds to court, our criminal lawyers are here for your advocacy, and can provide the best possible outcome for you during representation in Court.

It’s important to recognise that the specific details and penalties associated with domestic violence charges in Queensland can vary depending on the circumstances of the case and the relevant legislation in force at the time.

Therefore, consulting with our qualified criminal defence team at Rana Lawyers is crucial to understanding the intricacies of domestic violence charges in that jurisdiction.

DVO charges are serious offences and can have long-term and life-altering consequences for those individuals who are convicted.

Our skilled DVO lawyers can ensure that your rights are upheld throughout the legal process. Along the way, They will advise you on your options, explain the potential consequences, and safeguard your rights.

At Rana Lawyers, our long-standing legal expertise, understanding of the complexities involved, and steadfast commitment to defending your rights are crucial in navigating these challenging cases.

Get Expert Advice From Our Dedicated Team.
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FAQs
What is the difference between a solicitor and a barrister?

Traditionally, a solicitor takes instructions from clients and briefs a barrister for advocacy purposes, such as appearing in Court. However, there has been a significant shift in this historical concept over time and solicitors have taken over advocacy in significant jurisdictions, known as solicitor advocates. At Rana Lawyers, our solicitors frequently appear as solicitor advocates in the Magistrates, District and Supreme Courts in complex criminal matters.

The short answer is yes. Anytime a defendant is charged with an offence, there is an obligation on the defendant to appear in Court with certain exceptions. If a defendant is given a notice to appear, they must appear in Court without exception. If a defendant is placed on bail by the Police, they are generally required to attend Court unless a solicitor can appear in their stead and have the defendant’s appearance excused. However, prior to making a decision, it is important to consult a solicitor because each case varies depending on the charge.

Sometimes, you will see an option to plead guilty online. This is applied to a handful of very minor matters (such as public intoxication). It is important that you seek advice on the charge before deciding whether you can plead guilty online because a warrant may be issued for your arrest.

All charges commence in the Magistrates Court, whether it is drink driving or murder. At the first mention, certain charges that must progress to the District or Supreme Court will be placed in what is called the ‘committal stream’. The Court will direct that a brief of evidence be disclosed to the defendant by the Police, which ordinarily takes a few months (this varies depending on the charge). Once the brief is fully disclosed, the defendant is ordinarily committed to the superior Court. You will have the opportunity to cross examine witnesses or ask the Court to dismiss the charge for a lack of evidence.

It is always advisable to immediately seek legal advice. Even if the charge is minor, and you decide that you do not require legal advice, it would be in your best interests to book in an initial conference, which is free of charge with Rana Lawyers, to understand:

a. The Court process;
b. Your options;
c. Potential outcomes;
d. Whether there is a defence;
e. Whether there is a risk of a significant penalty being imposed.

There are several mechanisms for the Police to obtain your DNA and unless you challenge whatever mechanism they use, you will have to. It is important to seek legal advice because in many matters, DNA may be an important piece of evidence the Police use to build a case against you.

The general rule is always seek legal advice before you decide to speak with the Police and, in most instances, you will be told not to do an interview with the Police. The reason is everything you say is recorded and can be used for the Police to build their case or in Court against you. Prior to doing an interview, you do not receive any evidence or a complete analysis of a Police case. There are serious risks in doing an interview uninformed because if you say something that is inconsistent with objective evidence (such as camera footage), the Court may draw an inference that you lied, as opposed to making a mistake, because you had a guilty conscience and were trying to conceal the truth.

Police cannot search your house unless they have a warrant. There are certain exceptions to this rule, such as investigating a domestic violence offence or an emergent search for a particular purpose such as protecting the integrity of evidence.

A warrant is a document that permits Police to enter your home without your consent. This must be signed by a Justice of the Peace or a Magistrate. It is important to remember not to speak to the Police, save for giving your name and identifying details, without speaking to a lawyer first. Ordinarily, the Police will be recording the entirety of the search of your home and whatever you say may be recorded.

Some warrants may be set aside because they are defective or because they have been obtained improperly.

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If you need to get in contact with us urgently, please feel free to call us any time on  07 3181 4345.

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