Law Talks Episode: Domestic and family violence risks during the holiday season

Robyn: Good morning and welcome to another edition of law talks here on 4CRB. Well, as we approach the festive season, it’s a time many people look forward to celebrating with family and friends, relaxing after a long year and enjoying the holidays. But for some, this time of year can be incredibly difficult.

Sadly, we know the incidence of domestic and family violence are often increased around Christmas time. To talk about why this happens, what help is available and what you can do if you or someone you know needs protection, I’m joined by Attwood Marshall Lawyers Family Law Associate Laura Dolan. Laura, thanks for joining us.

Laura: Thanks for having me.

Robyn: Well, we hear every year that domestic violence tends to spike around Christmas. What are you seeing and are we likely to see another difficult festive season?

Laura: Unfortunately, yes. So, every year police and frontline services report significant increases in domestic and family violence incidents around the festive season. In 2023, Queensland Police saw a 32 per cent increase in family and domestic violence related calls over the Christmas and new year period compared with 2022.

Victoria reported a 33 per cent increase on Christmas Day alone.

So, there are three main reasons that we see for this rise, the first being financial pressure. Christmas brings extra costs, gifts, travel, social events, etcetera, on top of the ongoing cost of living stress. More than 50 per cent of Australians say they struggle to afford gifts, and financial distress is closely linked with relationship tension.

Second, being alcohol and drug use. Festive gatherings often mean higher alcohol consumption, which can lead to aggression and loss of control. The NSW Bureau of Crime Statistics and Research found that around one quarter of domestic violence related assaults from the 23-24 financial year were alcohol related.

And thirdly, being the summer heat. It does sound strange, but research shows that high temperatures are linked to increased aggression. When people are already under pressure, the combination of heat, stress and social gatherings can easily escalate conflict.

Robyn: Yes. Some pretty disturbing numbers in there. So, for anyone who might be listening and is worried about their safety or the safety of someone they love, what support services are available over Christmas?

Laura: There are several excellent services that do operate 24/7, even on Christmas Day. So, there’s 1800RESPECT you can call, visit their website or text them on 0458 737 732. They provide confidential counselling, information and support services.

Then there’s men’s referral service, 1300 766 491. These are for men who recognise their behaviour is not okay and want the support to change. Men’s Referral Service offers counselling, information and programmes.

And then of course, if you or someone you know is in immediate danger, always call 000.

The most important thing is that you remove yourself from a dangerous environment. Once you’re safe, that’s when legal and practical steps can follow.

Robyn: Yeah. So, let’s talk about those legal steps. If someone needs protection, what’s the process for applying for a domestic violence order?

Laura: A domestic violence order, often referred to as a DVO, is designed to protect a person from future violence, harassment or intimidation.

In Queensland you can apply for a DVO at your local Magistrates Court or police can apply for one on your behalf if they attend to an incident. The process is relatively straightforward.

So, one, you file an application at the court or through police. Second, the court will issue a temporary protection order if they believe you need immediate protection.

Thirdly, a court date will be set. This is usually within a few weeks where both parties can attend. And fourth, the matter will be heard at the first mention within those first few weeks and if the domestic violence order is being contested, the matter will be listed later on for a final hearing to determine whether a final protection order should be put in place.

Robyn: So, Laura, once a DVO is in place, what does that mean for things like living arrangements, parenting, or property matters?

Laura: So, things like parenting matters and property settlements are separate matters under family law. So once someone is safe, we encourage them to get legal advice about separation, parenting and property matters.

It’s something that you don’t have to rush into that same day you leave. Safety always comes first. But when you’re ready, a family lawyer can always help plan the next steps. Whether that’s negotiating a property settlement, parenting arrangements, or even filing for a divorce.

Robyn: Many people might worry about how they’ll afford to leave a violent relationship, if they’ve had no control over finances. What support is out there to assist with that?

Laura: That is a really important question, and there are several forms of financial help available. Services Australia provides crisis payments for people leaving violent situations. Victims Assist Queensland offers financial assistance to victims of violence, including special assistance payments. And many banks and financial institutions offer a range of financial support programmes to help customers gain independence and escape violence.

So, make sure to reach out to your bank to ask the question there.

Robyn: And what about the legal side of things? What happens if someone like, not everyone can afford a lawyer? What happens if someone can’t afford to see a lawyer?

Laura: So, if someone is ready to start resolving family law matters but doesn’t have the funds upfront to pay a lawyer, there are some firms that are accredited through JustFund.

JustFund offers a flexible legal funding solution for anyone going through a divorce or property settlement. So, this means individuals can get help right away without having to pay the upfront legal fees.

On top of that, there is also some great community legal services available to get that initial advice, including the Gold Coast Community Legal Centre, Legal Aid Queensland and Women’s Legal Service Queensland, and then from there you can put a plan in place.

Robyn: It’s such an important topic, and especially at this time of year. What’s your message for anyone listening who may be struggling or fearful about their own situation?

Laura: It’s that you’re not alone. There is help available day or night. You don’t have to make big decisions all at once. And the most important thing is that you get to safety and reach out for support. Once you’re ready, from there, there are professionals such as lawyers, counsellors, community services, available to help. And also, reach out to shelters because they’re ready to rebuild your life.

Robyn: Well, Laura, thanks for shedding light on such an important and often misunderstood issue, especially as we head into a time of year that can be incredibly difficult for many.

Laura: Absolutely. Thank you, Robyn.

Robyn: You’ve been listening to law talks here on 4CRB, which you can hear every Friday morning from 9 o’clock.