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Coercive Control Laws in Queensland: What Hannah’s Law Means

By domestic violence, Family Law

A New Chapter in Protecting Queenslanders from Domestic Abuse

***A list of all support services relating to domestic violence is at the bottom of this article. 

If you’ve been following the news lately, you might have heard about “Hannah’s Law” – Queensland’s groundbreaking legislation that makes coercive control a criminal offence. This isn’t just another piece of legal paperwork gathering dust in Parliament House. It’s a game-changer that could protect you, someone you love, or even help you recognise behaviours you didn’t realise were abusive.

Let’s give you an example! Sarah, a Brisbane mother of two, whose partner Mark never laid a finger on her. Yet, over five years, he controlled every aspect of her life – from checking her phone constantly to deciding what she could wear, who she could see, and how she could spend money. Before this law, Sarah’s experience might have been dismissed as “just a bad relationship.” Now, it’s recognised for what it truly is: criminal behaviour.

What Exactly Is Coercive Control?

Think of coercive control as invisible chains. It’s not about bruises you can see or broken bones that show up on X-rays. It’s about someone systematically stripping away your freedom, confidence, and sense of self through a pattern of controlling behaviors.

Here’s what it might look like in everyday life:

Your partner constantly checks your whereabouts, demanding to know where you are every minute of the day. They might install tracking apps on your phone “for your safety” or show up unexpectedly at your workplace or social gatherings. What starts as “I just worry about you” gradually becomes suffocating surveillance.

Financial control is another common tactic. Perhaps your partner insists on managing all the money, giving you an “allowance” like you’re a child rather than an equal partner. They might hide assets, rack up debts in your name, or prevent you from working altogether. One Queensland woman I heard about discovered her husband had been secretly transferring their savings into accounts she couldn’t access, leaving her financially trapped.

Then there’s isolation – the slow, deliberate process of cutting you off from your support network. It might start subtly: “Your sister doesn’t really like me, does she?” or “Your friends are a bad influence.” Before you know it, you’re making excuses for why you can’t attend family gatherings or catch up with old friends. The walls close in gradually, and suddenly you realize you’re alone with nowhere to turn.

Emotional manipulation is perhaps the most insidious form. Gaslighting – making you question your own reality – is a classic example. “You’re being too sensitive,” “That never happened,” or “You’re imagining things” become regular responses to your concerns. Over time, you start doubting your own judgment and memories.

Why Hannah’s Law Matters

This law is named after Hannah Clarke and her three children – Aaliyah, Laianah, and Trey – who were tragically killed by Hannah’s estranged husband in 2020. Hannah’s story shocked Queensland and the nation, not just because of its horrific ending, but because it revealed how coercive control can escalate to deadly violence.

Before her death, Hannah had experienced years of controlling behavior. Her husband monitored her movements, controlled the family finances, and isolated her from support. These warning signs, which we now recognize as coercive control, weren’t criminal offenses at the time. Hannah’s legacy is that no other person should suffer in silence while their freedom is systematically destroyed.

The law recognizes that domestic abuse isn’t always physical. It acknowledges that psychological abuse can be just as damaging – sometimes more so. Survivors often say that bruises heal, but the psychological scars from coercive control can last a lifetime.

How the Law Works in Practice

Since the law came into effect, police have new tools to protect victims before violence escalates. If someone is found guilty of coercive control, they could face up to 14 years in prison – that’s how seriously Queensland is taking this issue.

But here’s what’s really important to understand: the law looks at patterns of behaviour, not isolated incidents. One argument about money or a single jealous outburst isn’t coercive control. It’s about ongoing patterns designed to dominate and control another person.

The prosecution needs to prove that the behavior was intended to coerce or control, that it occurred repeatedly, and that it would be considered unreasonable by community standards. This protects against false accusations while ensuring genuine victims get justice.

Police officers across Queensland have undergone special training to recognize these patterns. They’re learning to ask different questions, look for subtle signs, and understand that absence of physical violence doesn’t mean absence of abuse.

Recognising the Signs in Your Own Life

If you’re reading this and feeling uncomfortable because some of it sounds familiar, trust that feeling. Our instincts often know something’s wrong before our minds fully process it.

Ask yourself: Do you feel like you’re walking on eggshells around your partner? Have you changed your behaviour to avoid their anger or disappointment? Do you find yourself making excuses for their behaviour to friends and family? Have you gradually stopped doing things you once enjoyed because it’s “not worth the hassle”?

If you answered yes to any of these questions, it might be time to seek help. Remember, recognizing these patterns doesn’t mean your relationship is doomed or that you need to leave immediately. It means you deserve support to understand what’s happening and explore your options.

The Impact on Children

One aspect of coercive control that often gets overlooked is its impact on children. Kids who witness one parent controlling another learn that this is how relationships work. They might grow up thinking it’s normal for love to come with conditions, control, and fear.

Children in these households often become anxious, withdrawn, or aggressive. They might struggle at school, have trouble forming friendships, or develop behavioural problems. Some children become protective of the victimized parent, taking on adult responsibilities far too young. Others might align with the controlling parent as a survival mechanism.

The good news is that children are resilient. With the right support and intervention, they can heal and learn healthier relationship patterns. But first, the cycle needs to be broken.

Taking the First Steps Toward Help

If you recognise coercive control in your relationship, know that help is available. You don’t have to navigate this alone, and you don’t have to wait until things get “bad enough.” There’s no threshold of suffering you need to meet before you deserve support.

Start by talking to someone you trust – a friend, family member, counselor, or support service. Document the behaviours you’re experiencing, keeping records in a safe place your partner can’t access. This might be a secure email account, a trusted friend’s house, or even photos stored in a hidden folder on your phone.

Consider reaching out to professional support services. Organisations like DVConnect, 1800RESPECT, and local domestic violence services offer confidential advice and practical support. They can help you safety plan, understand your options, and connect you with legal and financial assistance.

The Role of Mediation and Early Resolution

While coercive control is a serious criminal matter, many relationship issues can benefit from early intervention before they escalate to this level. If you’re experiencing relationship difficulties but haven’t reached the point of coercive control, seeking help early can make all the difference.

Mediation can be particularly helpful for couples navigating separation or addressing relationship conflicts before they become entrenched patterns. It’s important to know that mediation doesn’t always mean sitting in the same room as your ex-partner. Many people don’t realize that modern mediation can happen through “shuttle mediation,” where you and your former partner are in separate rooms and the mediator moves between you. There’s also the option of online mediation where you can participate from different locations entirely. This means you can work through important decisions about your children and finances without the stress of face-to-face confrontation.

For those who’ve experienced controlling behaviors or feel intimidated by their former partner, these alternative mediation formats can provide a safer way to resolve disputes. You maintain control over the process while still working toward resolution. Professional mediators are trained to recognize power imbalances and can structure the process to ensure everyone’s voice is heard safely.

Early resolution of disputes after separation is especially important. It can prevent conflicts from escalating, reduce the emotional toll on everyone involved (especially children), and help both parties move forward more quickly and peacefully. If you’re facing family law challenges or relationship difficulties, consider exploring mediation options at Mediations Australia where our experienced mediators and family lawyers can guide you through the process and help you find the safest, most appropriate format for your situation.

Moving Forward: Hope and Healing

Hannah’s Law represents more than just legal change – it’s a cultural shift in how we understand and respond to domestic abuse. It sends a clear message that controlling someone’s life is not love, it’s not protection, and it’s not acceptable.

For those currently experiencing coercive control, this law offers validation that what you’re experiencing is real and wrong. You’re not overreacting, you’re not being too sensitive, and you deserve to live free from control and fear.

For those who have escaped coercive control, healing is possible. Many survivors go on to build fulfilling lives and healthy relationships. They learn to trust their instincts again, set boundaries, and recognise their own strength. The journey isn’t always easy, but it’s worth it.

If you’re supporting someone experiencing coercive control, your role is crucial. Listen without judgment, believe their experiences, and respect their decisions about when and how to seek help. Don’t pressure them to leave before they’re ready – leaving can be the most dangerous time for victims. Instead, be a consistent, supportive presence they can rely on.

A Community Responsibility

Creating change requires all of us. We need to challenge attitudes that minimise controlling behaviours, speak up when we see warning signs, and support those experiencing abuse. We need to teach our children about healthy relationships, respect, and equality from an early age.

Workplaces, schools, and community organisations all have roles to play. Employers can offer flexible work arrangements and support for employees experiencing domestic abuse. Schools can teach respectful relationships education. Community groups can raise awareness and provide safe spaces for those seeking help.

Hannah’s Law is a powerful tool, but laws alone don’t create change. Real change happens when communities stand together to say that coercive control is unacceptable, when we support survivors without judgment, and when we work together to prevent abuse before it starts.

Remember, if you’re experiencing coercive control or any form of domestic abuse, you deserve support and safety. Whether you’re ready to leave, planning for the future, or just need someone to talk to, help is available. Your life, your freedom, and your wellbeing matter.

For those navigating family law matters or relationship challenges, remember that early intervention and professional support can make an enormous difference.

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Domestic Violence

Domestic Violence: Recognizing the Signs and Finding Safety in Australia

By domestic violence, Family Law

Domestic Violence: One in Six. One in Sixteen.

Did you know 1 in 6 women and 1 in 16 men in Australia have experienced domestic violence? These alarming statistics paint a stark picture of a reality that cuts across socioeconomic backgrounds, geographic locations, and demographics. Domestic violence isn’t just about physical abuse; it’s a complex issue that can encompass emotional, financial, and psychological control. This article serves as your guide to understanding domestic violence in Australia, empowering you to recognize the signs, access vital support services, and most importantly, know you’re not alone.

We’ll explore the prevalence of domestic violence in Australia, the different forms it can take, and the warning signs to watch out for. We’ll also discuss how to respond effectively if you or someone you know is experiencing domestic violence, highlighting the crucial role domestic violence lawyers can play in safeguarding victims’ rights. Finally, we’ll provide a range of resources and support services available to help you navigate this challenging situation.

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Domestic Violence in Australia: A Reality for Many

Domestic violence is a disturbing reality in Australia, impacting countless individuals and families from all walks of life. The statistics are stark: 1 in 6 women and 1 in 16 men have experienced physical or sexual violence from a current or former partner. This problem cuts across socioeconomic backgrounds, geographic locations, and cultural norms.

But domestic violence goes beyond physical harm. It’s a complex issue that can manifest in various ways, often encompassing a web of control tactics designed to isolate and intimidate victims. This can include:

  • Emotional Abuse: Constant criticism, humiliation, verbal threats, and intimidation are all forms of emotional abuse that chip away at a victim’s self-esteem and sense of security.
  • Financial Abuse: Controlling finances, denying access to money, or sabotaging a victim’s financial independence are manipulative tactics used to exert power and control.
  • Psychological Control: Isolation from friends and family, monitoring behavior, and constant surveillance can create a sense of fear and dependence on the abuser.

Understanding these different forms of domestic violence is crucial. It’s not just about physical injuries; it’s about a systematic pattern of control that can have devastating consequences for victims.

Identifying the Risk Factors: Are You or Someone You Know At Risk?

Domestic violence can occur in any relationship, but certain factors can unfortunately increase the likelihood of it happening. Here are some warning signs to be aware of:

  • A Past History of Violence: If there has been violence or aggression in the past, either within the current relationship or the family background of either partner, it’s a significant risk factor. This could include physical violence, threats, or emotional abuse.
  • Substance Abuse Issues: Substance abuse, such as alcohol or drug misuse, can lower inhibitions and contribute to violent behavior. If one partner struggles with addiction, it’s important to recognize the potential risk it poses.
  • Financial Stress and Economic Hardship: Financial difficulties and economic hardship can create significant tension within a relationship. This stress can become a trigger for abusive behavior in some individuals.
  • Mental Health Concerns: Mental health issues, such as depression, anxiety, or anger management problems, can contribute to a volatile environment and increase the risk of violence.
  • Controlling Behavior and Possessiveness: A partner who exhibits excessive jealousy, tries to control your behavior or who isolates you from friends and family are displaying red flags. This controlling behavior can easily escalate into abusive situations.
  • Cultural Attitudes Condoning Violence: Unfortunately, some cultural norms may downplay or even condone violence within relationships. It’s important to challenge these attitudes and recognize that domestic violence is never acceptable.

If you recognize any of these warning signs in your own relationship, or if you’re concerned about someone you know, it’s crucial to seek help. Remember, you are not alone, and there are resources available to support you.

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Recognizing the Signs: When Abuse Becomes a Pattern

Domestic violence doesn’t always leave physical scars. While physical injuries, bruises, burns, or broken bones can be a clear sign of abuse, it’s important to recognize the emotional and behavioral signs that often paint a more complete picture. Here’s what to watch out for:

  • Changes in Mood and Behavior: A once outgoing and vibrant partner who becomes withdrawn, anxious, or fearful could be a victim of emotional abuse. Sudden mood swings, tearfulness, or difficulty sleeping can also be indicators.
  • Isolation from Friends and Family: Does your friend or partner seem to be withdrawing from social circles? An abuser may try to isolate their victim by controlling who they see and talk to, creating a sense of dependence and loneliness.
  • Financial Control and Manipulation: Does your partner control the finances, make you account for every cent you spend, or deny you access to money? Financial abuse is a tactic used to exert power and control, making it difficult for a victim to leave the relationship.
  • Threats, Intimidation, and Verbal Abuse: Threats of violence, put-downs, constant criticism, and name-calling are all forms of verbal abuse that can erode a victim’s self-esteem and create a climate of fear.
  • Psychological Manipulation and Emotional Control: An abuser may use guilt trips, gaslighting (denying or twisting reality), or threats of suicide to manipulate their partner’s emotions and maintain control.

If you notice a combination of these signs in yourself, your partner, or someone you know, it’s important to take action. Remember, domestic violence is a serious issue, but there is help available.

Taking Action: How to Respond to Domestic Violence

If you or someone you know is experiencing domestic violence, it’s crucial to take action. Here’s how you can be a source of support:

  • Listen and Believe: First and foremost, listen attentively and believe the person experiencing domestic violence. Avoid judgment and validate their feelings. Let them know they’re not alone and that you care about their safety.
  • Offering Support: Create a safe space for them to talk openly and express their emotions. Offer emotional support and let them know you’re there for them. You can also help them find resources and services available to assist them, such as helplines or support groups.
  • Seeking Professional Help: Domestic violence lawyers play a vital role in protecting victims’ rights. They can provide legal guidance, advocate for their safety in court, and help them secure protection orders against the abuser. This legal support can empower victims and ensure their safety.

Remember, you don’t have to navigate this alone. By offering support, listening without judgment, and encouraging professional help, you can make a real difference in someone’s life.

Domestic Violence Lawyers

Domestic violence can leave victims feeling isolated and powerless. But you don’t have to face this alone. Domestic violence lawyers can be your strong advocates, working tirelessly to ensure your safety and security. Here’s how they can empower you:

  • Expert Legal Guidance: Domestic violence lawyers possess a deep understanding of the legal system and the intricacies of domestic violence cases. They can provide clear and concise legal advice tailored to your specific situation.
  • Navigating Protection Orders: Securing a protection order can be a crucial step in safeguarding yourself from further abuse. Domestic violence lawyers can guide you through the legal process, ensuring all necessary paperwork is completed and advocating for your protection in court.
  • Fighting for Your Rights: Domestic violence lawyers are fierce defenders of your rights. They will fight for a just outcome, ensuring your safety and well-being are prioritized throughout the legal process.

By working with a domestic violence lawyer, you gain a powerful ally who can empower you to take control of your situation and rebuild your life free from fear.

Conclusion: You Are Not Alone: Your Path to Safety and Healing

Domestic violence is a serious issue, but it’s important to remember: you are not alone. There are people and resources available to help you on the path to safety and healing. If you recognize the warning signs in yourself or someone you know, taking action is crucial.

Empowerment Through Support:

  • 1800RESPECT: This national support service offers 24/7 confidential counseling and information for victims of sexual assault, domestic and family violence. Call 1800 737 732 anytime to speak with a trained professional.
  • Lifeline: In a crisis situation, Lifeline provides 24/7 support for anyone experiencing emotional distress. Call 13 11 14 to speak with someone who can listen and offer support.
  • Women’s Legal Services Australia: WLSA provides legal advice, information, and resources specifically for women experiencing domestic violence. Visit their website at https://www.wlsa.org.au/ for more information.

Mediations Australia: While Not Applicable in All Cases

While our services at Mediations Australia may not be directly applicable in every domestic violence situation, we understand the complexities of separation and divorce arising from such circumstances. If you’re considering separation or divorce, and require a safe and respectful environment to navigate these legal complexities, family law mediation can be a helpful option.

What We Offer:

Mediations Australia provides experienced family law mediators who can facilitate open communication between you and your former partner in a neutral setting. This allows you to collaboratively reach agreements on important matters like property division, financial settlements, and (if applicable) child custody arrangements, minimizing conflict and promoting a fair outcome for all parties involved.

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What is a DVO? How to Apply for a Domestic Violence Order

What is a DVO? How to Apply for a Domestic Violence Order

By domestic violence, Family Law

What is the definition of a DVO (domestic violence order)?

Domestic violence has been recognised as a serious public health concern in Australia during the last decade, with 17 percent of women and 6% of males having experienced physical or sexual assault from a current or former partner since they were 15 years old.

Domestic abuse is defined as destructive or violent behaviour perpetrated against you by a family member or someone with whom you have a close personal relationship. Physical, sexual, emotional, social, verbal, and financial abuse are all forms of abuse in which one person exerts authority or influence over another.

What Is the Legal Definition of Domestic Violence?

The Domestic and Family Violence Protection Act of 2012 (“the Act”) defines domestic violence as behaviour by a person towards another person with whom the first person has a relevant relationship that:

  • Is physically or sexually abusive;
  • or is emotionally or mentally abusive;
  • or is monetarily abusive; or is threatening;
  • or is coercive;
  • or in any other way controls or dominates the person, causing the second person to fear for their safety or the safety of others.

An intimate personal relationship, a familial relationship, or an informal care relationship are all considered “relevant relationships” under the Act. The concept is broad, encompassing all domestic connections, including those between spouses, parents, children, and caregivers.

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Application for a Domestic Violence Order

Domestic violence orders can be obtained by submitting an application to:

  • A person who claims they have been the victim of domestic abuse;
  • an authorised person acting on their behalf;
  • or a police officer.

Even if both parties do not want a domestic violence order issued, a police officer can seek one before the Court.

What is the definition of a DVO (domestic violence order)?

A domestic violence order, often known as a DVO, is a court order granted in Queensland to prohibit domestic violence. An Apprehended Violence Order (AVO) is the equivalent of a DVO in New South Wales, and an Intervention Order is the equivalent in Victoria (IVO). DVOs are also known as “Protection Orders” in some states of Australia.

The “respondent” (the individual who is doing the domestic violence) must abide by the DVO’s regulations and criteria. A Domestic Violence Order (DVO) is intended to safeguard victims of domestic violence by restricting the abuser’s behaviour and, in some cases, their ability to interact with or come into contact with the victim.

As an example, anyone in a ‘relevant relationship’ in Queensland who has experienced domestic violence as defined by the Domestic and Family Violence Protection Act is eligible to apply for a DVO. The following items are included in the definition of a relevant relationship:

Obtaining a domestic violence restraining order

In Queensland, a DVO application can be made by:

  • the police force
  • those who have been wronged (victim)
  • an authorised representative for a party that has been wronged (victim)

A person who is authorised in writing by the aggrieved to make the DVO application on their behalf, or a person whom the Court believes is authorised by the aggrieved to make the application, is an authorised person for the aggrieved. If the aggrieved person is unable to sign an authority because of a disability, an authorised person may file the application on their behalf.

If you are in danger as a result of domestic violence, dial 000. A police officer will next determine whether or not a DVO application on your behalf is required. You can apply for a domestic violence order without the help of the police if you are not in immediate danger but are experiencing domestic violence.

The following is a step-by-step method to obtaining a DVO in Queensland.

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Fill out the form completely and as completely as possible, describing what domestic violence occurred, when it occurred, and where it occurred. You can write or type additional information on a sheet of paper and attach it to the end of the form if there isn’t enough room on the form.

It’s critical that you give concrete examples of times when domestic violence has happened, including the date and time if available. The more explicit you can be about the alleged acts of domestic abuse, the more likely a temporary protection order will be granted. You should also include as much supporting evidence as possible in your application, such as threatening or abusive text messages from the respondent.

After completing the DVO application form, sign the statutory declaration on the form’s last page in front of a Justice of the Peace (JP) or Commissioner for Declarations (CDec).

After the application has been signed and attested, file it with the Magistrates Court in person or by mail to your local Magistrate.

The DVO application will be listed for a Court date when it is submitted to the Court, which is typically referred to as the first ‘Mention.’ The police will give the respondent a copy of the DVO application prior to this date.

The Court can make a DVO by consent without admission if all parties attend the Mention and agree to the DVO application parameters. This means that while the respondent agrees to have an order in place, he or she does not admit or concur to the claimed domestic abuse. The order obtained by consent without admission has the same effect as a court order, and if the responder violates the order, criminal charges may be brought against him/her.

If the respondent refuses to sign a DVO, the Court can issue a temporary protection order and schedule a final hearing. The temporary order can be extended by the Court until the final hearing date. Each party can provide evidence in support of their position during the final hearing, and the Judge will then decide whether or not to grant a final DVO.

What if there are children involved?

On a DVO, children might be identified as protected people. This means that the children would be subject to the same conditions as the aggrieved. The Court must be convinced that there has been ‘associated domestic violence’ before listing protected individuals on the DVO. This refers to responder behaviour that controls or dominates the victim in any way, whether physically, sexually, emotionally, economically, or in any other way.

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How much does a DVO cost?

The application for a DVO is free.

Will the respondent’s criminal record be tarnished as a result of getting a DVO?

The domestic violence order will not result in a criminal record in and of itself. Breaching a domestic violence order, on the other hand, is a crime.

As a result of a domestic violence order, may my partner be removed from my home?

Yes. The respondent may be asked to leave the premises where you now reside if the domestic violence order contains an “ouster order.” If you want the respondent to be removed from the home you share, you must state so in your DVO application and offer reasons why an expulsion order is essential.

Domestic abuse has long-term consequences for the victim, their children, and their families. If you are a victim of domestic violence, there are a variety of resources available to help you get the safety and assistance you need to live a life free of violence and control.

If you need help applying for a DVO, an AVO, or an IVO, we recommend that you seek legal advice before the case is heard in court.

What Should You Do Now?

At Mediations Australia, we have a team of family lawyers and mediators who can assist you in Canberra, Perth, Adelaide, Melbourne, Sydney and all other locations in Australia. We also do international family law matters.

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