Cecil Black Mediation and Family Law Property Settlements Cecil Black Mediation and Family Law Mediation Services

Cecil Black Mediation and Family Law

Cecil Black has sensitively guided local and interstate families through the legal process for more than thirty years.

Property Settlements

Cecil Black can assist you at all stages of obtaining a property settlement.

Cecil Black Mediation and Family Law

Cecil Black has sensitively guided local and interstate families through the legal process for more than thirty years.

Mediation Services

We use creative problem solving in a way that you can reach your own agreement.

Explanation of a Domestic Violence Order to the person in whose favour it has been made by a Court in Queensland

The following is an

EXPLANATION OF A DOMESTIC VIOLENCE ORDER

for the person in whose favour the order is made that is contained on all

domestic violence orders made in Queensland

Version 2. May 2017

Enforceability of Order

Nationally Recognised DVO -This domestic violence order (DVO) will be automatically recognised in all States and Territories of Australia, and may be enforced in these jurisdictions without further notice.

If you move to New Zealand, you should obtain legal advice or contact your local court house about registering this order in that location.

What is domestic violence: Domestic violence means behaviour by a person (the first person) towards another person {the second person) that –

Is physically or sexually abusive; or

Is emotionally or psychologically abusive; or

Examples:

  • following a person when the person is out in public, including by vtthicle or on foot
  • remaining outside a person’s residence or place of work
  • repeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent
  • repeated derogatory taunts, including racial taunts
  • threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent
  • threatening to withhold a person’s medication
  • preventing a person from making or keeping connections with the person’s family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person’s cultural identity

 

 Is economically abusive; or

Economic abuse means behaviour by a person (the first person) that is coercive, deceptive and unreasonably controls another person                 (the second person), without the second person’s consent-

  1. in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or
  2. by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child, if the second person or the child is entirely or predominantly dependent on the first person for financial support to meet those living

Examples:

  • coercing a person to relinquish control over assets and income
  • removing or keeping a person’s property without the person’s consent, or threatening to do so
  • disposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse
  • without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses
  • preventing a person from seeking or keeping employment
  • coercing a person to claim social security payments
  • coercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person
  • coercing a person to sign a contract for the purchase of goods or services
  • coercing a person to sign a contract for the provision of finance, a loan or credit
  • coercing a person to sign a contract of guarantee
  • coercing a person to sign any legal document for the establishment or operation of business

 

 

    Is threatening; or

    Is coercive; or

    In any other way controls or dominates the second person and causes the second person to fear for the second                      person’s safety or well being or that of someone

Domestic violence includes the following behaviour:

  1. causing personal injury to a person or threatening to do so;
  2. coercing a person to engage in sexual activity or attempting to do so;
  3. damaging a person’s property or threatening to do so;
  4. depriving a person of the person’s liberty or threatening to do so;
  5. threatening a person with the death or injury of the person, a child of the person, or someone else;
  6. threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;
  7. causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;
  8. unauthorised surveillance of a person;
  9. unlawfully stalking a

Unauthorised surveillance, of a person, means the unreasonable monitoring or tracking of the person’s movements, activities or interpersonal associations without the person’s consent, including, for example, by using technology.

Examples of surveillance by using technology include:

  • reading a person’s SMS messages
  • monitoring a person’s email account or internet browser history
  • monitoring a person’s account with a social networking internet site
  • using a GPS device to track a person’s movements
  • checking the recorded history in a person’s GPS device

Contravention of Order: If the respondent contravenes any conditions of this order, the respondent commits an offence against the Act. You may contact the police who may then charge the respondent with the offence. If convicted, the respondent may receive a penalty of up to 3 years imprisonment for the first offence in a 5 year period and 5 years imprisonment for subsequent offences within a 5 year period.

Note: If this order is contravened in another State or Territory of Australia or New Zealand, the respondent may be subject to penalties imposed in that jurisdiction.

Variation: As this order is automatically recognised in each State and Territory of Australia, you may apply to a court in any State or Territory for a variation of the order.

 

Liability limited by a scheme approved under professional standards legislation”

 

The contents of this document are not intended to create any legal relationship between the author and the reader.

The material contained herein is designed to provide you (the reader) with some important but general information and should be read in association with legal advice given to you.

You should not rely or act on this information without seeking legal advice specific to your circumstances.

 

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