As you navigate through the legal challenges, its quite probably you will need to consider two different types of courts and a range of pathways. Its so confusing and to be blunt, the challenges of the legal system can be a significant trigger for anybody who has suffered abuse at the hands of another. So I thought it may be helpful to outline a few ideas on preparing for court.I must declare that my focus is always on what is in the best interests of the children.
The first thing to remember is that there are two very separate sets of courts. At the Queensland State level, you will most likely deal with the Magistrate Court with Domestic Violence Orders. At the Commonwealth or Australia-wide level, you will deal with the Family Law Court for matters of divorce, property settlement, parenting and consent orders. Let's start with the Domestic Violence Orders.
Domestic Violence Orders (DVOs)
DVOs are issued by a Magistrate as a result of an application by the Queensland Police Service (QPS) known as a Police Protection Notice (PPN) or a an application by a private individual lodged at the nearest courthouse. The QPS may lodge a PPN if they have been called out to a domestic violence situation and believe that such an application is a necessary step to protect the person who has been the target of the violence, also know as the 'aggrieved'. The person who is named in the order as undertaking the violence is known as the 'respondent'. The same terms are used in private applications.
If you are lodging a private application, the first step is to visit the Queensland Law Courts website and have a read. Click here to jump to it. At the bottom of the page is another link that open up to downloadable forms for you to complete.If possible, make an appointment with your nearest legal support service. These my include:
- TASC
- Women's Legal Service
- Aboriginal and Torres Strait Islander Legal Service.
- Aboriginal Family Legal Service.
Each service is designed to assist where possible designated groups and eligibility criteria may apply, which the services will advise you of. There may be other services available in you local area. Engaging a private solicitor that is well engaged in the local domestic violence court is another option; private fees will apply.
Be sure to have as much documentation prepared as possible. Even if it is not used, having well prepared, clear documentation will support your conversations with legal support and validate your claim for an order. Click here to jump to the page on putting your documentation together.
Once your have lodged your application for a DVO, prepare yourself for your day in court.
If needed, seek advice from a counsellor to prepare yourself for what me be an emotionally demanding day. Your local funded domestic violence centre may be able to help with that.
- Contact the courthouse in which the application will be heard and ask the courthouse about any procedures or advice they may have. Ask if a safe room is available; some courthouses have them, many do not.
- It may be a long day so you may need to consider issues such as parking, childcare arrangements, your own physical needs and having some friends or family as support during the day. If possible, at least one other person is often a great help.
- Arrive early on the day and present yourself to the DV staff who will be in attendance. They will help make sure the day goes as smoothly as possible.
- If you do not have legal support and the courthouse has the facility, consider asking to see the duty solicitor. The duty solicitor may be able to check your application or even represent your in court.
- When your name is called, an aggrieved may have another support person besides legal support in the courtroom, the respondent may not.
- Once the hearing is over, you may leave with an approved DVO, a temporary protection order (which means another court date to be set to have it ratified subject to some other legal matters such as evidence) or have the application denied.
- If you have a DVO approved, it last for five years.
- The Queensland Courts have put together a number of videos on the DVO court process. Click here to jump to the page with the videos.
Family Law Court.
The Family Law Court is where you go to complete the divorce, property settlement, parenting and consent orders. Prior to going to the court is the step of mediation; where a skilled mediator attempts to facilitate an outcome that all parties agree to without the expense of attending the Family Law Court. Prior to mediation, and even more so prior to court, it is a good idea to prepare yourself. Here are a few ideas on how to prepare:
- Think about what your preferred outcome is on financial and property matters.
- Prepare your financial statements. Click here for a blank pro-forma document in Word that you may find helpful.
- The Family Law Court has a "DIY" financial statement kit to help prepare for the court process. Click here to go to the Family Law Court pages for the DIY kit.
- Think about what your preferred outcome is on parenting. Be sure to consider contact visits (supervised or unsupervised, use of a contact centre or not, frequency, logistics, children having the ability to express their wishes). Contact visits and living arrangements should be as simple as possible as complicated arrangements provide opportunity for the other party to remain involved in your life.
- Communication between yourself and the other party. It is OK to insist on written communication only, in SMS or email. I have seen some orders granted with the email address clearly stated. If you use email, consider using a specific email address for this exact purpose and nothing else and not your normal, everyday address. Include your desired boundaries such as no denigrating or degrading remarks and that all communications are restricted to strictly parenting matters.
- You may be asked many, many questions. If you have prepared answers for these questions, you may find the legal process easier. Click here for a sample list of questions you may find helpful to have ready answers.
- No matter what the topic or issue is, always consider what your ultimate goals are and what you are prepared to compromise on.
- Be prepared for the legal journey. It helps to understand the process and the terms. Click here to find a PDF document that outlines the steps in family law.
