GPS tracking as a bail condition

As of 31 March 2018 Queensland courts can now compel a person, accused of committing serious domestic violence offences, to be fitted with a GPS tracking device, as a condition of their bail.

This initiative was one of the recommendations of the report entitled, ‘Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland’.

The Court can impose this bail condition on any person, who might be granted bail. It is not specifically restricted to domestic violence related offences.

The fundamental purpose of fitting the tracking device to a person’s ankle, as a condition of their bail, is to allow police to locate and monitor the wearer twenty-four hours a day, seven days a week. Police will be able to know where and when the wearer goes to a location and it is regarded as a deterrent so that the wearer will not further breach an existing protection order, such as one providing an exclusion zone to protect the alleged aggrieved.

This tracking device could be fitted to a person, merely on the word of one person against their partner or former partner, without evidence having been formally tested by way of a hearing.

It must be said, the fitting of the device alone is not an adequate risk minimisation measure, it is merely a warning device and requires the Police or another authority to monitor the device and respond.

As a further condition of the wearer’s bail, Police can enter their premises to inspect equipment necessary for the device’s operation, without a warrant or permission from the wearer. If the wearer is to undergo a medical procedure, he/she will have to seek a bail variation from the Court, prior to the procedure, to permit the removal of the device. The wearer has to also inform the Police, at least two business days before flying as to why they will be flying, when they will be leaving and returning.

These devices are currently in use, being fitted to parolees or prisoners, who are subject to a continuing supervision order, as a dangerous prisoner. The expansion of the program means, people on bail, not yet convicted of having committed any offence could be required to wear the same, often visible device.

These devices are not inexpensive. In 2017 the Queensland government committed $265 million dollars over six years to fund the tracking of 500 parolees and 91 high risk sexual offenders. More of these devices will need to be purchased and maintained as the program is extended to include wearers, who are required to wear the devices as a condition of their bail.

These devices are not without problems in operation. GPS tracking relies on line of sight to several satellites, and various environmental factors can adversely impact on the signal quality leading to a loss of signal. Wearers must regularly charge the device, at least two hours of continual charging daily and carry their mobile telephones to resolve technical issues when required.

If you have been charged with a serious domestic violence offence, Cornerstone Law Offices can help.

For more information on how we can help you, contact Cornerstone Law Offices on:

Phone: 1300 267 637

info@cornerstonelawoffices.com.au

 

 

 

New Nationally Recognised Domestic Violence Orders

Protection Orders are state based, civil orders, which aim to prevent the commission of domestic violence.  Some, but not all of the orders, which can appear on a Protection Order are that one party be ‘of good behaviour’ toward another, that a party remain a certain distance from another, or that there is to be no contact between the parties.  Protection Orders can have as few as one order, or as many Orders required to enact protection of the aggrieved party.

Before 25 November 2017 each state issued and enforced only their own Protection Orders, with aggrieved persons having to register their Protection Orders in their new state of residence if they move.  A Queensland issued Order was not recognised in New South Wales, without registration, a particular issue for those living in the Tweed Region.

On 25 November 2017, the law relating to Protection Orders was changed to incorporate a new national recognition scheme.  All Protection Orders made on or after 25 November 2017, will be recognised nationally, meaning that there is no need for victims of domestic violence to register their Protection Order in the state they will be living or visiting, if it’s not the state of issue of the Protection Order.

Prior to this new change, each state based Protection Order had to be registered with any state other than the state of issue.  This meant if victims were travelling interstate, and were afraid that the perpetrator would follow them, or also lived in that state, would have to apply to the local or Magistrates Court of the relevant state to have their Protection Order registered, allowing their order to be enforced by that states police force.  If they didn’t register their Protection Order and were a further victim of domestic violence, the perpetrator could not be charged with a breach.

All Protection Orders issues prior to 25 November 2017 can be declared to be Nationally Recognised Protection Order.  In Queensland, to have a Protection Order declared a Nationally Recognised Protection Order, an application needs to be made in the Magistrates Court.  The Respondent in the matter will not be notified such an application has been made, unless consent is given in writing.

Nationally Recognised Protection Orders will allow victims and their children to travel and relocate interstate without having to worry about notifying perpetrators, and going through the Court system, with potential for re-traumatisation.

Nationally Recognised Protections Orders, like Protection Orders issued prior to 25 November 2017, can still be varied.  To vary a Protection Order, the relevant form must be completed and filed at the Magistrates Court.  Nationally Recognised Protection Order’s and state recognised only Protection Orders require the completion of different forms for varying the conditions ofthe Protection Order.

If you currently have a Protection Order issued by a state court which has not expired, and need assistance having it declared a Nationally Recognised Protection Order; need assistance making an application for Protection Order; varying the conditions of a protection order; or have been served with an Application for Protection Order, call us on 1300 267 637 for a confidential consultation.

Understanding the Conditions in a Domestic Violence Order

Domestic violence orders have conditions that are intended to protect the person seeking protection (known as the “aggrieved”). The person the order has been made against is known as the “respondent.”

If you are the respondent, it is crucial that you obey all of the conditions stipulated in the domestic violence order. Any failure to comply with the conditions constitute a criminal offence.

A domestic violence order will have a standard condition included in it, namely “to be of good behaviour and not commit domestic violence against the aggrieved or any other person named on the order.” However, the court can add other conditions to the order.

There is more information regarding the conditions included in domestic violence orders in this video from Queensland Courts (see below). Please watch it and share it with anyone you think could benefit from this important information. (This is the final video in our series of six. Check our other posts for more insight into these processes).

If you have any questions, or you need help with any family law matters, please contact Cornerstone Law Offices today for a confidential chat about your situation.

Call us at: 1300 CORNERSTONE or email: info@cornerstonelawoffices.com.au

Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information on their website for you. Domestic Violence Orders are part of a strategy to protect the safety of all members of our community and to stop the violence. If you would like additional information please visit: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/domestic-violence-videos

What do you do if you are served with a Domestic Violence Order?

A Domestic Violence Order is issued by courts with the aim of providing protection to people in domestic violence situations. It is a legal document that is issued on behalf of a person claiming to be suffering abuse.

But what do you do if you are served with a Domestic Violence Order?

It is very important that you read the paperwork carefully, so you understand the allegations that have been made against you. You should also note the date and time mentioned in the document for your court appearance.

You must attend the court appearance or you run the risk that the magistrate will make an order in your absence. The magistrate could also issue a warrant for you to be taken into custody by the police.

The next steps are all outlined in this informative video from Queensland Courts (see below). Please watch it and share it with anyone you think could benefit from this important information. (This is the fifth video in our series of six. Check back for our next post which will give you even more insight into these processes).

If you have any questions, or you need help with any family law matters, please contact Cornerstone Law Offices today for a confidential chat about your situation.

Call us at: 1300 CORNERSTONE or email: info@cornerstonelawoffices.com.au

Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information on their website for you. Domestic Violence Orders are part of a strategy to protect the safety of all members of our community and to stop the violence. If you would like additional information please visit: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/domestic-violence-videos

What happens in court after an application for domestic violence order is filed?

What happens once a domestic violence order has been made? What are the next steps in the legal process? And what happens in court?

The first court date after an application for domestic violence order has been made is called a mention. At this time, yours and other applications are heard by the magistrate, one at a time.

The next steps are all outlined in this informative video from Queensland Courts (see below). Please watch it and share it with anyone you think could benefit from this important information. (This is the fourth video in our series of six. Check back for our next post which will give you even more insight into the process).

If you have any questions, or you need help with any family law matters, please contact Cornerstone Law Offices today for a confidential chat about your situation.

Call us at: 1300 CORNERSTONE or email: info@cornerstonelawoffices.com.au

Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information on their website for you. Domestic Violence Orders are part of a strategy to protect the safety of all members of our community and to stop the violence. If you would like additional information please visit: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/domestic-violence-videos

How do you apply for a protection order?

A Domestic Violence Order is made by the court in order to stop threats or acts of domestic and family violence.

You can apply for one yourself. But did you know that the police, your friends or family members can also apply for an order on your behalf?

Police can also help by applying for a Temporary Protection Order to provide you interim protection until a longer order can be made by the court.

Watch this video from Queensland Courts that addresses all of this and more, and then please share it with anyone you think could benefit from this important information. (This is the third video in our series of six. Check back for our next post which will cover what happens in court).

If you have any questions, or you need help with any family law matters, please contact Cornerstone Law Offices today for a confidential chat about your situation.

Call us at: 1300 CORNERSTONE or email: info@cornerstonelawoffices.com.au

Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information on their website for you. Domestic Violence Orders are part of a strategy to protect the safety of all members of our community and to stop the violence. If you would like additional information please visit: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/domestic-violence-videos

What is a Domestic Violence Order?

What is a domestic violence order? And how do you apply for one?

Watch this video from Queensland Courts that answers these questions and more, and then please share it with anyone you think could benefit from this important information.

If you have any questions, or you need help with any family law matters, please contact Cornerstone Law Offices today for a confidential chat about your situation.

Call us at: 1300 CORNERSTONE or email: info@cornerstonelawoffices.com.au

Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information on their website for you. Domestic Violence Orders are part of a strategy to protect the safety of all members of our community and to stop the violence. If you would like additional information please visit: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/domestic-violence-videos

What is family or domestic violence?

Are you or someone you know exposed to family or domestic violence? What is the definition of domestic or family violence, and what can you do about it?

Queensland Courts has produced a series of videos that cover all of this and more. Over the coming weeks, we will be sharing these with you.

Watch them so you are better informed, and please share them with anyone you think could benefit from this important information.

If you have any questions, or you need help with any family law matters, please contact Cornerstone Law Offices today for a confidential chat about your situation.

Call us at: 1300 CORNERSTONE or email: info@cornerstonelawoffices.com.au

Queensland Courts have published a series of videos explaining the court process for making domestic violence orders. If you are applying or responding to a domestic violence order, there is information on their website for you. Domestic Violence Orders are part of a strategy to protect the safety of all members of our community and to stop the violence. If you would like additional information please visit: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/domestic-violence-videos