Domestic violence is a critical legal and social issue in Queensland, with far-reaching consequences for individuals and families. Recognising its various forms and understanding the legal protections available is essential for anyone affected.
This article explains what domestic violence is, the difference between domestic abuse and family violence, and the legal frameworks in place to protect victims. We also explore the recent criminalisation of coercive control in Queensland and what it means for those experiencing abuse. If you or someone you know is affected, knowing your rights and legal options can make a significant difference in securing safety and justice.
Key takeaways
Domestic violence encompasses a range of abusive behaviours, including physical, sexual, emotional, verbal, and financial abuse. While the terms “family violence” and “domestic abuse” are often used interchangeably, they differ based on the relationship between the offender and the victim. Queensland’s Domestic and Family Violence Protection Act 2012 provides legal protections for victims, including domestic violence protection orders. From May 2025, coercive control is also recognised as a criminal offence, highlighting the importance of understanding subtle signs of abuse and seeking legal support when needed.
What is domestic violence?
Domestic violence refers to any form of abuse that occurs within a domestic setting, such as a marriage or cohabitation. It is not limited to physical harm but includes a range of behaviours designed to control, intimidate, or harm another person. Understanding the various forms of domestic violence is crucial for recognising abuse and taking appropriate action. We don’t act in domestic violence proceedings, but we can support clients with family law property matters and parenting arrangements.
Forms of domestic violence
Domestic violence can manifest in multiple ways, each with its own devastating effects. Here are the key forms of abuse recognised under Queensland law:
- Physical violence: This involves any act that causes injury, whether minor or long-term. It includes hitting, slapping, pushing, or using weapons.
- Sexual abuse: This covers any non-consensual sexual act or behaviour, including coercion, assault, or forcing someone into unwanted sexual activity.
- Verbal threats: Ongoing aggravating language, threats, or intimidation that instils fear or controls the victim.
- Emotional or psychological abuse: Manipulative behaviours that undermine a person’s self-worth, such as gaslighting, isolation, or constant criticism.
- Financial constraints: Imposing monetary restrictions on an individual, such as controlling access to money, preventing employment, or stealing funds.
These forms of abuse often overlap, and perpetrators may use multiple tactics to maintain control over their victims. Recognising these behaviours is the first step toward seeking help and protection.
Family violence vs. domestic abuse: What’s the difference?
The terms “family violence” and “domestic abuse” are frequently used interchangeably, but they have distinct legal meanings in Queensland. Understanding the difference is important for navigating the legal system and accessing the right protections.
Defining family violence
Family violence refers to abusive behaviour committed by one family member against another. This can include parents, siblings, children, or other relatives living in the same household. The key factor is the familial relationship between the offender and the victim, regardless of the type of abuse involved.
Defining domestic abuse
Domestic abuse, on the other hand, specifically involves abuse committed by an intimate partner. This could be a spouse, de facto partner, or someone in a dating relationship. The nature of the abuse may be similar to family violence, but the defining factor is the romantic or intimate connection between the parties.
Despite these differences, both family violence and domestic abuse are covered under the Domestic and Family Violence Protection Act 2012. This means that victims of either form of abuse have access to the same legal protections and remedies.
Domestic violence protection orders: What you need to know
A domestic violence protection order is a legal tool designed to provide safety and relief for victims of abuse. It restricts the abuser’s ability to contact or approach the victim, offering a layer of protection while legal proceedings are underway.
How protection orders work
A protection order is issued by the Queensland Family Court and serves as a legal instruction to the offender. It may include conditions such as:
- Prohibiting contact with the victim.
- Restricting the offender from visiting the victim’s home or workplace.
- Requiring the offender to surrender any weapons.
These orders are tailored to the specific circumstances of each case, ensuring the safety of the victim and any dependents involved.
Options if you receive a protection order
If you are served with a protection order, it is important to understand your legal options. You have three primary choices:
- Consent to the order: This means you agree to the conditions of the order without admitting guilt. It allows the matter to be resolved quickly while ensuring the victim’s safety.
- Reject the order: If you believe the order is unjust, you can contest it in court. This involves presenting evidence and arguments to challenge the allegations.
- Adjourn your decision: This option allows you to delay your response while seeking legal advice or gathering more information about the case.
Regardless of the path you choose, consulting a family lawyer can help you navigate the process and protect your rights.
Coercive control: Queensland’s new criminal offence
From 26 May 2025, coercive control is recognised as a criminal offence in Queensland. This marks a significant step in addressing subtle but harmful forms of abuse that often go unnoticed.
What is coercive control?
Coercive control refers to a pattern of behaviours designed to dominate, isolate, or control another person. Unlike physical violence, it often begins subtly and escalates over time. Examples include:
- Monitoring a partner’s movements or communications.
- Isolating them from friends and family.
- Controlling their access to money or resources.
- Gaslighting or manipulating their perception of reality.
These behaviours can be difficult to recognise, especially as the perpetrator may rationalise their actions or dismiss concerns raised by the victim. Outsiders may even perceive the abuser as caring or dedicated, further complicating the situation.
Why criminalising coercive control matters
The criminalisation of coercive control acknowledges that abuse is not limited to physical violence. It sends a clear message that psychological and emotional abuse are serious offences with legal consequences. This change empowers victims to seek help and hold perpetrators accountable, even in cases where physical harm is absent.
If you suspect you or someone you know is experiencing coercive control, it is important to reach out to support services or a family lawyer for guidance.
When to seek legal help
Domestic violence and coercive control are complex issues that often require legal intervention. Whether you are seeking protection, responding to an order, or navigating the legal system, a family lawyer can provide invaluable support.
At GLG Legal Springfield, we can help with your family law matter, property and business conveyancing, and succession planning. If you need assistance with a family law matter, contact us today on (07) 3288 3511 to discuss your options and take the first step toward safety and justice.
What should I do if I am experiencing domestic violence?
If you are experiencing domestic violence, your safety is the top priority. Contact local support services or the police to report the abuse and seek protection. A family lawyer can also help you apply for a domestic violence protection order and guide you through the legal process.
Can I apply for a protection order if the abuse is not physical?
Yes, protection orders are not limited to physical abuse. They can be applied for in cases of emotional, psychological, financial, or verbal abuse, as well as coercive control. The court considers all forms of abuse when assessing applications.
Is coercive control considered a crime in Queensland?
Yes, from 26 May 2025, coercive control is a criminal offence in Queensland. This means that patterns of controlling or manipulative behaviour can result in legal consequences for the perpetrator, even if no physical violence has occurred.
What happens if the offender breaches a protection order?
Breaching a protection order is a serious offence. If the offender violates the conditions of the order, they might face criminal charges, fines, or imprisonment. It is important to report any breaches to the police immediately.
How can a family lawyer help in a domestic violence case?
A family lawyer can provide legal advice, represent you in court, and help you apply for protection orders. They can also assist in navigating complex legal processes, ensuring your rights are protected and your voice is heard throughout the proceedings.
