Page 17 - Best Of Local Mag October 2023 Edition

Worried you will be falsely accused of committing Domestic Violence?

Here’s how to protect yourself

Whilst there is an unfortunately increasing 2. Behaviour that is clearly illegal - However, the third category is the most
number of Domestic Violence allegations For example, withdrawing money contentious and perhaps the most
being reported in our community, there from a bank account using a forged important. As the issue requires a Judge to
are instances where a person may attempt signature, or threatening assault or first decide on the matter, taking the law
to weaponise a false or exaggerated report property damage to get your way; and into your own hands and assuming that
in order to exercise power, influence and 3. The ‘Grey Area’ where the behaviour a Court would ultimately approve your
control over their partner. might be legal or might be illegal - position could still be considered an act of
FAMILY To protect yourself from false allegations, This area requires a Judge to decide Domestic Violence and expose you to risk
whether or not the behaviour is or isn’t of a DVO.
LAW it is critical to ensure that everything you illegal.
do is actually authorised by law. Your Importantly, even in circumstances where
actions then break down into three clear Since the definition of Domestic Violence is the behaviour is legal, it is nonetheless
categories: so broad, and importantly includes actions illegal to conduct yourself in a way that
which the victim considers to constitute uses harassment or intimidation to enforce
1. Behaviour that is clearly legal - For harassment or intimidation, it is only the what may nonetheless be a clear legal
example, the right to peacefully be first category of behaviour that is absolutely right. Accordingly, we encourage anyone
on a property where your name is on safe from any Domestic Violence Order who is unsure about their legal rights and
the title deed, or the right to use a car (‘DVO’). The second category is one where obligations to seek comprehensive legal
WILLS which is registered in your name and the behaviour is clearly unauthorised by advice about their situation.
RETIREMENT AND has habitually been your personal law and so it is highly likely that a DVO
would be granted.
mode of transport;
VILLAGES ESTATES
Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 30 years’
experience in the field. He is the principal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15
Discovery Drive, North Lakes. To contact Michael for advice, phone 3385 0999.

The information in this article is merely a guide and is not a full explanation of the law. This firm
cannot take responsibility for any action readers take based on this information. When making
decisions that could affect your legal rights, please contact us for professional advice.

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