Over the past few years, criminal law and family violence have increasingly interconnected with family law and child protection matters.
At times family law matters, especially when involving children, can often reveal the complexities within a family, and therefore it is not uncommon for these complexities to also include some criminal elements which in family law can also be considered family violence. It is important to understand that this does not necessarily mean that the criminal elements/family violence are due to the parties (the parents) directly it can also be from someone close to them such as a maternal or paternal grandparent. Understanding what is considered Criminal Elements/Family Violence Understanding what is considered criminal elements or family violence is extremely important for families. For instance, in family law family violence is not an argument that occurs occasionally, it is a constant pattern of abusive behavior perpetrated by one (or multiple) person/s towards another, often using multiple tactics. This is not just physical or sexual abuse. Some of the following criminal behaviors are commonly seen in family law disputes are:
In many cases, you may have concurrent proceedings in a State and Federal court/s regarding these matters, and it may be necessary for to appoint lawyers specializing in criminal/family law matters. Domestic Violence The most common interconnection between criminal law and family law is surrounding domestic violence. In Australia, there has been a significant prevalence of family violence claims in post-separation parenting matters, and this has led to family violence being a substantial consideration in matters. The Family Violence Data Set from 2015/2016 reported that 76.12% of cases before the Federal Circuit and Family Court of Australia involved allegations of family violence.1 It is common in family law matters once we see allegations of domestic violence, we then see other forms of criminal behaviours, and the biggest concern for us and the Courts is when there are children being exposed or subjected to these behaviours. It is important that if you or your family can identify with some of the behaviors above that you look at seeking assistance. If you and or your children are experiencing family violence and would like to discuss your personal circumstance further, please do not hesitate to contact the Brisbane Family lawyers team at James Noble Law for a free, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
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Is Drink Driving Only Applicable For Cars? Nope!
If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of the current drink driving charge in Queensland. However, these are not the only forms of transport you are able to be caught drink driving. Do you know the laws? The Transport Operations (Road Use Management) Act 1995 (Qld) provides an array of different vehicles that will lead to an offense if drunkenly driven. In addition to the regular transport of cars, motorcycles, and trucks, drink driving charges may also arise from the operation of trams, trains, vessels, scooters, skateboards, and any other wheeled recreational device. However, the ‘vehicle offenses’ also relate to persons caught driving or in charge of a horse or any other animal on the road. What Are the Consequences? If you are found to be riding a horse with a blood alcohol concentration exceeding the legal limit, you are able to be charged and convicted of drink driving. The maximum penalty for this offense is a $4000 fine or up to nine months imprisonment. Although the severity of drinks in public is serious, the maximum penalties are only enforced in the most severe circumstances. Regardless of what penalty is imposed, you will generally not have your license disqualified. How to Avoid this in the Future? Many people are simply caught out by these rules as they do not understand drink driving does not have to occur in a car or motorcycle alone. It is important to appreciate you are able to be charged whilst in charge of almost all forms of vehicular devices regardless of whether it has a motor. Unfortunately for many people, these kinds of offenses often arise when their car license has already been disqualified and the person is using alternative means of transport. If caught drink driving on a disqualification period, this will significantly increase the penalty for any subsequent offense. The point to be taken away is that if you need to go somewhere after you have had a few drinks, the best option is to have someone else drive you. If there are no alternate options, play it safe and simply walk. To learn more about drink driving and if this document could be useful for your particular situation, contact the team of Brisbane Family Lawyers at James Noble Law. If you need any help, please contact the team at James Noble Law for a FREE 20-minute consultation today to schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane. Find Brisbane family lawyers on Google Maps near you. You may also like to know more information about the
For more information, please visit the main article source: Drink Driving Current and New Smoking Laws QLD Australia
New Smoking laws QLD was originally restricted in certain areas such as indoor dining areas and other licensed premises under the Tobacco and Other Smoking Products Act 1998 (Qld). Amendments to this legislation in 2004 resulted in stricter bans, with children’s playgrounds, stadiums, beaches, and near entrances of buildings and public transport making the list of restricted areas. Smoking laws subsequently included the outdoor eating area in 2006 and more recently, pedestrian malls, skate parks, and swimming pools in 2016. With recent amendments to the smoking laws and more conclusive restricted areas, there are very few areas that do not involve a smoke-free area. Proposed Smoking Ban and the Effect of Smoking Sydney council has proposed a smoking ban in the second-largest CBD, essentially creating the first national-first smoking ban. The North Sydney council members hope to reduce the current smoking rates by as much as 50% in the coming months, with hopes to extend the some-free range in the years to come. Guidelines for Smoking Areas Although there is not an entire area that has been banned from smoking, most public areas are subject to “buffers” which require smokers to move a certain distance away from patrons who cohabitate in that area. The new proposal for a widespread ban on smoking is a new kind of change Australia has not yet seen and could result in many other major cities implementing similar regimes to their CBD or heavily populated areas. Although councils are arguing these new laws are creating a culture that reduced second-hand smoke, supports smokers attempting to quit, and discourages children from engaging with smoking, some people do not agree with this deprivation and inconvenience. Let us know what your thoughts on the matter are, and whether we are moving in the right direction as a society. Want to read about the Family court portal and Commonwealth courts portal? Article Source: New Smoking Laws QLD Recovery, Respect, and Hope Offered by Traditional Court Alternative by Brisbane Family Lawyer
A successful initiative in the Brisbane Magistrates Court is assisting drug-addicted parents to get their lives back on track and resume their role in their children’s lives by Brisbane family lawyers. The Dandenong Drug Court, recently featured in television and print media, was introduced in response to the failure of the traditional criminal justice system to adequately address drug-associated offenses. Drug Courts are in operation in Victoria, New South Wales, Queensland, South Australia, and Western Australia. In a departure from the traditional court and sentencing process, the Drug Court’s focus is on the rehabilitation of drug and alcohol dependent offenders, providing them with assistance in reintegrating into the community and getting their lives back on track. In Dandenong Magistrates Court, Magistrate Tony Parsons takes an innovative approach to the treatment of offenders who are offered an intensive treatment program as an alternative to a prison sentence. Participants in the program undergo frequent drug and alcohol testing, regular meetings with counselors and therapists, and weekly appearances in court for assessment before Parsons. Failure to comply with the program’s strict requirements will result in exclusion from the program and a prison term. The program doesn’t work for every offender but for those who complete the program, the results can be life-changing. According to the Victorian Alcohol and Drug Association, and a recent Government review of the court by Brisbane family lawyers:
Article Source: Drug Court The Impact of Criminal Law in the Family Law Jurisdiction
Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to the effect of section 61DA (2)(B). Effect of Family Violence Orders on Parenting Orders The Family Court may enforce a Family Violence Order against a parent of the relationship, despite the imposition of a subsequent parenting order relating to that person. Section 68R(1) allows the court to make or vary family violence orders, which may involve reviving, varying, discharging, or suspending a parenting order. However, the Court’s power also works in the opposite manner. For example, the Court may override a protection order made under the Domestic and Family Violence Protection Act with a parenting order. This power is outlined in section 68R of the Family Law Act. The existence of these powers allows the Court to remove any inconsistencies between the two orders and simplify proceedings. Family Violence and Court Procedure Typically, parties must attend mediation and gain a certificate of dispute resolution before proceeding with the matter to court litigation. However, section 60J of the Family Law Act provides an exception to attending mediation on the grounds of abuse (or a risk of child abuse) if the orders were to be delayed, or, family violence (or risk of family violence) by one of the parties. Furthermore, where a Notice of Risk has been filed alleging child abuse or risk of abuse, section 67ZBB of the Family Law Act provides the Court must take prompt action to not delay an order. Criminal Actions and False Allegations If there are serious ongoing criminal investigations (such as murder, child abuse, rape, etc.) relevant to the parties to a current family law proceeding, the Court may refuse to make final orders. These examples are outlined in cases such as Moresco & Ors v Budimir [2015] VSC 51. As serious criminal investigations are likely to significantly impact a party to a family law proceeding, it would not be appropriate for the Court to make final orders when the future needs of the accused persons are currently ongoing. Where parties to a family law proceeding make false allegations against the other, the court has wide powers in determining the appropriate course of action. In the case of Kapicic & Bakal [2014] FAMCA 236, Justice Berman found the false allegations of the Mother that the child of the relationship had been sexually abused by the Father were made with “malicious intent”, subsequently ordering the children to live with the Father and granting him sole parental responsibility. Apprehended Violence Order (AVO) Although an AVO is not a criminal conviction, it may seriously impact career aspirations and opportunities. Therefore, this order should not be taken haphazardly. If you are or intend to seek professional employment in a position that involves working with children, an AVO will appear on a “working with children” check. If you have criminal charges brought against you for a breach of the AVO, this may result in difficulties in obtaining parenting orders in family law proceedings. It is important if faced with this situation to seek legal advice on your options in disputing the AVO and ensuring no breaches occur. Source - Criminal Law in Family Law Proceedings Ultimately, yes. When you are sentenced for the offence of unlicensed driving, the Court must impose a mandatory period of disqualification, unless you have never previously held a driver’s licence. The period of disqualification will be at the Court’s discretion, however, will usually range between 1 and 6 months.
Essentially, this means your licence must be disqualified for a minimum of 1 month and a maximum of 6 months. If you are charged with an unlicensed driving offence, we recommend you seek legal advice in relation to the disqualification period, as there may be various circumstances which limit or extend this period. Are you driving without a licence? If you are driving without a licence in the state of Queensland, and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing to obey fine orders by the court or having been found guilty of high-speed driving offences. Unlicensed driving is different from driving while disqualified. The offence for driving while disqualified applies only where a person continues to drive after disqualification. The penalties imposed for the different offences are therefore separate. Penalty for driving without a licence? Typically, if you are charged with the offence of unlicensed driving you are sentenced to a fine or a term of imprisonment. Both the maximum fine and term of imprisonment vary from case to case and are usually determined by the basis for which the person’s licence was originally suspended. Is There Anyway I Can Continue Driving? There are two “special licences” which allow you to continue to drive throughout the period of disqualification. These are known as the Restricted Licence (otherwise known as a “work licence”) and a Special Hardship Order. However, the eligibility criteria to obtain these licences are very narrow. Consequently, an application for these licences can only be made in particular circumstances. Unfortunately, unlicensed driving offences fail to meet either criterion and will therefore not apply in any circumstance. Therefore, depending on the sentence passed, you will not be able to drive during the period of disqualification. Due to the failure to apply for special licences, it is important to seek legal representation to assist you to receive the lowest possible mandatory minimum period of disqualification. Article Source: Traffic Lawyers Brisbane If you are driving without a licence in the state of Queensland, and continue to drive, this is known as unlicensed driving. Typically, unlicensed driving occurs where individuals have lost their licence due to loss of demerit points, failing to obey fine orders by the court or having been found guilty of high-speed driving offences. Unlicensed driving is different from driving while disqualified. The offence for driving while disqualified applies only where a person continues to drive after disqualification. The penalties imposed for the different offences are therefore separate. Penalty for driving without a licence? Typically, if you are charged with the offence of unlicensed driving you are sentenced to a fine or a term of imprisonment. Both the maximum fine and term of imprisonment vary from case to case and are usually determined by the basis for which the person’s licence was originally suspended. Is my Driving Licence Going to be Disqualified? Ultimately, yes. When you are sentenced for the offence of unlicensed driving, the Court must impose a mandatory period of disqualification, unless you have never previously held a driver’s licence. The period of disqualification will be at the Court’s discretion, however, will usually range between 1 and 6 months. Essentially, this means your licence must be disqualified for a minimum of 1 month and a maximum of 6 months. If you are charged with an unlicensed driving offence, we recommend you seek legal advice in relation to the disqualification period, as there may be various circumstances which limit or extend this period. Is There Anyway I Can Continue Driving? There are two “special licences” which allow you to continue to drive throughout the period of disqualification. These are known as the Restricted Licence (otherwise known as a “work licence”) and a Special Hardship Order. However, the eligibility criteria to obtain these licences are very narrow. Consequently, an application for these licences can only be made in particular circumstances. Read More: Sentencing Approaches Undertaken by the Court Unfortunately, unlicensed driving offences fail to meet either criterion and will therefore not apply in any circumstance. Therefore, depending on the sentence passed, you will not be able to drive during the period of disqualification. Due to the failure to apply for special licences, it is important to seek legal representation to assist you to receive the lowest possible mandatory minimum period of disqualification. Article Source: Driving Without A Licence Proposed Smoking Ban and the Effect on Queensland
Sydney council has proposed a smoking ban in the second-largest CBD, essentially creating the first national-first smoking ban. The North Sydney council members hope to reduce the current smoking rates by as much as 50% in the coming months, with hopes to extend the some-free range in the years to come. Current and New Smoking Laws in Queensland Australia Smoking was originally restricted in certain areas such as indoor dining areas and other licensed premises under the Tobacco and Other Smoking Products Act 1998 (Qld). Amendments to this legislation in 2004 resulted in stricter bans, with children’s playgrounds, stadiums, beaches, and near entrances of buildings and public transport making the list of restricted areas. Smoking laws subsequently included the outdoor eating area in 2006 and more recently, pedestrian malls, skate parks, and swimming pools in 2016. With recent amendments to the smoking laws and more conclusive restricted areas, there are very few areas that do not involve a smoke-free area. Guidelines for Smoking Areas Although there is not an entire area that has been banned from smoking, most public areas are subject to “buffers” which require smokers to move a certain distance away from patrons who cohabitate in that area. The new proposal for a widespread ban on smoking is a new kind of change Australia has not yet seen and could result in many other major cities implementing similar regimes to their CBD or heavily populated areas. Although councils are arguing these new laws are creating a culture that reduced second-hand smoke, supports smokers attempting to quit, and discourages children from engaging with smoking, some people do not agree with this deprivation and inconvenience. Let us know what your thoughts on the matter are, and whether we are moving in the right direction as a society. Visit Article Source - Smoking Laws in Queensland Australia |
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