Domestic Violence
Domestic Violence
Domestic violence goes beyond physical harm—it includes emotional, psychological, financial, sexual, and coercive abuse. Many victims may not realise they are experiencing domestic violence. Our compassionate legal team can guide you through this difficult time and help ensure your safety.
Unlike family law, domestic violence is governed by state legislation and is dealt with in the local Magistrates Court.
If you or someone you know is in immediate danger please either phone 000 or contact any of the following services for help
Emergency Resources
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Also available via text 0458 737 732, chat online or video call
24 hours, 7 days a week (video call Monday to Friday, 9am – 5pm)
Support for people, friends and family experiencing or at risk of experiencing sexual assault; or domestic or family violence
Support is also available for professionals supporting someone experiencing or at risk of experiencing sexual assault, domestic or family violence
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Counselling, support, programs, information and referral for those experiencing or using domestic and family violence in the Gold Coast.
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Supports women and their children from culturally and linguistically diverse backgrounds affected by domestic and family violence.
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24 hours, 7 days a week
Support for women, their children and pets experiencing domestic and family violence, including emergency transport, accommodation, crisis counselling and interventions
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Counselling, referral and support services for men experiencing or using domestic and family violence
Violence and abuse can happen in any kind of relationship. It is Never OK.
Violence and abuse take many forms and not just physical.
What is Violence & Abuse
Sexual, domestic and family violence can happen to anyone, regardless of the country they are from, religion, sexuality, gender, age, social background or culture.
It can also happen in any relationship, including with:
Boyfriends, girlfriends, partners, husbands or wives
Ex-boyfriends, ex-girlfriends, ex-partners, ex-husbands or ex-wives
Carers and paid support workers
People you work with
Parents, guardians and other family members
Adult children.
There are different types of abuse, and they are not always physical. Abuse is a pattern of behaviour, to gain power and control.
No matter what your relationship to someone is, sexual, domestic and family violence are never OK.
Forms of abuse
Abuse isn’t just physical and can take many forms.
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Physical abuse happens when someone deliberately hurts your body or takes away your control of your body. It can also be referred to as physical violence.
Physical abuse can be things like hitting, slapping or kicking, but it’s important to know that:
Physical abuse can be anything that causes pain to any part of your body
Someone can be physically abusive even if they aren't using their body or a weapon to hurt you. Some examples of this are:
Tying, locking you up, or restraining you in any way
Giving you medicine or drugs to stop you from moving or thinking clearly
Giving you medicine, drugs or food to make you unwell
Forcing you to drink alcohol or take drugs
Stopping you from taking medicine you need to feel well
Leaving you naked or exposed when caring for you
Destroying or moving equipment you may need, such as a wheelchair
You don’t have to have bruises, scratches or marks on your body for it to be physical abuse
Someone saying they will physically hurt you is also abuse. This is true even if the person never does what they say they will.
Physical abuse can be a form of domestic or family violence. If you or someone you know is experiencing physical violence it is OK to ask for help.
You don’t have to have bruises, scratches or marks on your body for it to be physical abuse.
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Financial abuse, also known as economic abuse, is a form of domestic and family violence.
It often involves someone using money in ways that can hurt and control you
Financial abuse can also include stopping you from getting a job or forcing you to get loans you don't want.
Older people are known to experience this type of abuse at higher rates. It often includes theft or misuse of an older person’s money, assets or property.
Financial abuse affects people of all ages, incomes, cultural backgrounds, genders and physical ability. It can also be hard to recognise, for example, they may use small money transfers to:
harass
threaten
send unwanted messages.
What are the signs of financial abuse?
money decisions being made without your consent
unwanted debts or loans forced upon you
using banking transactions to intimidate, threaten or manipulate.
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Psychological abuse is behaviour that aims to cause emotional or mental harm. It may not hurt your body, but can be just as painful and distressing in other ways.
No one behaves perfectly in their relationships all the time. However, when someone deliberately hurts you over and over again it becomes abusive. Behaviour from others that aims to make you feel scared or bad about yourself is not OK.
Psychological abuse can include someone regularly:
Embarrassing you in public or in front of family, friends, support workers or people you work with
Calling you names
Threatening to harm you, your pets, children, or other people who are important to you
Treating you badly because of things you can’t change — for example, your religion, race, past, disability, gender, sexuality, or family
Ignoring you or pretending you aren’t there
Doing and saying things that make you feel confused. This might include someone moving or changing things and then denying they have done this.
Always correcting what you say with the aim of making you look or feel foolish.
Intentionally making you question your own memory and mental health, also known as gaslighting. By withholding information and lying, gaslighters try to control a person’s thoughts, feelings, and actions to weaken a person’s confidence deliberately and gradually.
There may be a pattern to the behaviour that happens again and again. Sometimes other types of abuse are going on at the same time. If this kind of abuse is being used to scare and control you it may be domestic or family violence.
No one behaves perfectly in their relationships all the time. However, when someone deliberately hurts you over and over again it becomes abusive.
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Spiritual abuse is any attempt to use religion, faith or beliefs to exert power and control over someone. It can involve someone forcing you or your children to join spiritual or religious practices when you don't want to. It can also involve someone stopping you from taking part in spiritual or religious practices that you want to participate in. It is a type of emotional abuse and coercive control.
Spiritual abuse is when someone uses religion or beliefs to control, isolate or scare you. It can be part of a pattern and may happen alongside other types of abuse. If it’s used to make you feel afraid or powerless, it can be domestic or family violence.
What can spiritual abuse look like?
Stopping you from practising your faith
Forcing you to follow beliefs you don’t agree with
Pressuring you or your children to take part in religious practices
Using spiritual teachings or leaders to:
Justify abuse
Blame you for the violence
Pressure you to stay in a harmful relationship
Stop you or your kids from getting medical care
Forcing you into a marriage you don’t want
Shaming or mocking your beliefs
Stopping you from returning home to Country
Spiritual abuse can be a form of domestic and family violence. If you or someone you know is experiencing this type of abuse it is okay to ask for help.
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Neglect happens when the person or people who care for you do not give you the things you need to be healthy, comfortable and safe. There may be a pattern to the behaviour that happens again and again. Sometimes other types of abuse are going on at the same time. If this kind of abuse is being used to scare and control you it may be domestic or family violence.
Neglect mainly affects people who access help with daily tasks. The main groups affected by neglect are:
People with disability who receive support from a carer, family member, paid support worker or service provider
Elderly people who access regular care
Children
People living in or accessing institutional environments, including group homes and day support facilities
People who temporarily need extra support with daily living. For example, someone recovering from surgery or an accident.
Being neglected means you don’t have all the things you need to feel healthy and safe. These things might include:
Enough good quality food and water
Enough personal care and personal support
A place to live that is safe, clean and healthy
Enough space for personal privacy
Enough bathroom space for privacy
Access to outings
Transportation to necessary appointments
The right clothes and shoes for the weather
Ways to keep your clothes and body clean. This might include access to running water or help to wash yourself.
A safe, peaceful, comfortable place to sleep
Love and care. This means that you are treated kindly, that you have people to talk to, and that you feel cared for and valuable.
It is important to know that everyone has a right to these things. Neglect can be a form of domestic or family violence. If someone who is meant to be helping you feel cared for and safe is not doing so, it’s OK to ask for help.
Family Violence Orders
Family violence orders are called different things in different states, for example:
Australian Capital Territory: Family Violence Order
New South Wales: Apprehended Domestic Violence Order
Northern Territory: Domestic Violence Orders
Queensland: Domestic Violence Orders
South Australia: Intervention Orders
Tasmania: Family Violence Orders
Victoria: Intervention Orders
Western Australia: Family Violence Restraining Orders.
A family violence order is an order (including an interlocutory order) made under a state or territory law to protect a person from family violence. The Federal Circuit and Family Court of Australia (the Court) does not make family violence orders.
Family violence orders may affect orders made by the Court, especially parenting orders about a child spending time with a parent or another person.
Although the names of family violence orders differ in each state and territory, the processes are similar, and family violence orders made in any state and territory can be registered for enforcement in any other state or territory if needed.
Individuals who are experiencing violence in a domestic or family relationship can apply for a family violence order. Depending on the state or territory the order is being applied in, the relationships can include:
an intimate partner or intimate personal relationship
a family relationship, or
an informal care relationship.
How to apply for a Family Violence Order
Firstly if you are in danger, or feel you are in danger always let us know. Whilst some people may feel embarrassed or ashamed talking about what is often thought of as a ‘private family issue’ the team at Chesterton Legal are familiar with family violence. You should not feel in anyway embarrassed or ashamed talking to us about your concerns. We will listen to you respectfully and give you as much time and space as you need in order to communicate your concerns. Many of our staff have specialist training in dealing with persons affected by Family Violence. Unfortunately 23% or 1 in 4 women in Australia before the age of 15 and is disturbingly common.
1.5% of all people in Australia will experience Family Violence every year.
As it is specific to every situation and the process differs depending on where you are located we will go through the best process for your situation with you however a copy of the fact sheet can be downloaded here