Has anyone amongst the Father, Mother and or the Elder committed an act of Domestic Violence. If so, whom and why?
‘Hi Samson,
In this scenario, the father’s act of physically evicting the daughter is construed as domestic violence, as it involves coercive control and emotional abuse. The mother’s complicity, under duress, may also be scrutinized, but her actions appear to be more of a result of coercion rather than intent to harm. The elder’s influence, on the face of it has directly led to coercive control, and in my opinion is likely to be an act of domestic violence.
a. Can the daughter who was expelled seek orders under the current legislation to force her parents to allow her to return home or provide financial assistance to support the daughter?
b. Can the daughter seek other orders to improve her situation?
c. Can the mother seek orders preventing her husband from any of the behaviour described above?
d. Can orders be issued against the Elder to prevent any of the conduct described above? E.g. the Elder must not go within 100 meters of the house and not encourage the father to coercively control the wife or daughter?
a. The Daughter is likely to be successful if she sought a protection order under the Domestic and Family Violence Protection Act 2012, which could include conditions for her parents to provide financial support or allow her to return home, although the latter is less common.
b. The Daughter is likely to be successful if she sought other orders such as a no-contact order or an order for her parents to refrain from further coercive behaviour.
b. The Mother is likely to be successful if she sought a protection order against her husband to prevent further coercive control or threats.
c. An application by The Mother or the Daughter preventing the Elder from continuing actions which constitute coercive control or emotional abuse are likely to be successful.
If orders are obtained and those orders are broken by the perpetrator of the domestic violence, what is the maximum penalty that person could face? Does this include the Elder if they breach the orders?
If such orders are made in relation to the Elder or Father and either of them breaches the domestic violence order, the maximum penalty can include fines and imprisonment. The elder, is subject to the same penalties.
a. What happens if the parent(s) or the elder lie to police and say they expelled the daughter for other reasons. E.g. they bare false witness and pretend the daughter was a thief, drug addict or a bad influence on the other children? Is that a defence?
b. What happens if the parents say their religious beliefs require them to obey the Presbytery’s requirements to expel their daughter in the above circumstances? Do the parents’ religious briefs allow them to act as described above under the current law or the new laws?
a. If the parents or elder lie to the police, this could complicate the case, but it would not necessarily serve as a defence if evidence of coercive control or domestic violence is evidenced by past conduct or corroborative witness statements.
b. Religious beliefs do not provide a legal defence for actions that constitute domestic violence under the current law or new law.
a. Is it true that new laws apply in Queensland from May 2025 onwards?
b. Is it true that the new laws still allow a victim of coercive control to seek orders as described above?
c. In addition to the orders, is it true that the new laws will make an act of coercive control a separate criminal act? So, the perpetrator may comply with the orders but still face criminal prosecution?
d. What is the maximum penalty for the crime of coercive control under the new Act?
e. Do the new laws allow a person to be charged with a criminal offence in relation to an act committed by them before the new laws came in?
a. New laws regarding coercive control are expected to be implemented in Queensland from May 2025.
b. These laws will continue to allow victims of coercive control to seek protection orders as referred to above.
c. In addition, coercive control will be criminalised, allowing for prosecution even if the Elder and the father complied with the orders.
d. The maximum penalty for coercive control under the new laws is yet to be confirmed but is expected to be significant and include custodial sentences.
e. The new criminal laws will not apply retrospectively to acts committed before their commencement. However, under the current law, orders can be obtained for acts committed before the commencement of the criminal laws.
a. If the parents divorce, in addition to the split of marital assets, can the Mother bring a financial claim against her husband for the pain, anguish and suffering his coercive conduct caused?
b. Can the daughter bring a financial claim against either of her parents for any of the behaviour described above?
a. In a divorce, the Mother may be able to claim for emotional distress as part of a broader claim for spousal maintenance or compensation, but this would depend on the specifics of the case and evidence presented.
b. The Daughter could potentially bring a claim for emotional distress or financial support, but this would typically be pursued through family law proceedings rather than as a separate tort claim.
When the new criminal laws commence in Queensland, is it possible for either the Mother or the Daughter to choose who they wish to be charged with a criminal offense? By that I mean, if they only wanted the Elder charged, could they choose to do that? I ask this question because the Mother and Daughter may feel the Father would not have acted coercively, had it not been for the conduct of the Elder.
When the new criminal laws regarding coercive control commence in Queensland, the decision to charge an individual with a criminal offence is typically made by law enforcement and the prosecution, based on the evidence available. While the Mother and the Daughter can express their views and provide evidence or statements to the police, they do not have the authority to choose who is charged. The police and prosecutors will consider the circumstances, evidence, and applicable laws to determine whether charges should be laid against the father, the elder, or both. Their input can be influential, but the final decision rests with the authorities.
Yours faithfully,
Samson Legal’
