Domestic Violence Lawyers

Not all domestic violence allegations are truthful. Brisbane & Gold Coast domestic violence lawyers regularly defend clients facing:

Allegations Motivated by Family Law Advantage

In separation and custody disputes, false DV allegations provide tactical advantages:

• Immediate custody control – police-issued temporary protection orders grant the complainant immediate sole custody
• Family home occupation – respondents are excluded from the family home, giving the complainant possession
• Family Court leverage – DV allegations heavily influence parenting orders, property settlement, and spousal maintenance
• Relocation approval – complainants can more easily obtain permission to relocate with children interstate or internationally

Brisbane & Gold Coast domestic violence lawyers identify patterns indicating allegations are strategically timed to coincide with family law proceedings rather than genuine safety concerns.

Revenge and Vindictive Allegations

Relationship breakdowns often involve intense emotions leading to:

• Retaliatory allegations – complaints made to punish ex-partners for infidelity, rejection, or moving on to new relationships
• Jealousy-driven claims – allegations arising when ex-partners commence new relationships
• Financial motivation – allegations designed to obtain favourable property settlements or avoid debt obligations
• Immigration leverage – Australian citizen complainants threatening visa cancellation to control non-citizen partners

Exaggerated or Embellished Accounts

Sometimes genuine arguments are dramatically exaggerated:

• Mutual altercations misrepresented – where both parties were involved physically, but only one is charged
• Defensive actions portrayed as aggression – self-defence or attempts to prevent harm to oneself are reframed as attacks
• Minor incidents inflated – raised voices or minimal contact described as terrifying violence
• Historical incidents resurrected – old arguments brought up months or years later with distorted details

Mental Health and Substance Abuse Factors

Some false allegations arise from:

• Mental health conditions – personality disorders, psychotic episodes, or delusional thinking creating false memories or perceptions
• Substance abuse – drug or alcohol-affected complainants misremembering or fabricating events
• Coaching and influence – well-meaning friends, family, or domestic violence advocates encouraging complainants to view normal relationship conflicts as abuse

Third-Party Pressure

Allegations sometimes result from:

• Police pressure – officers attending routine disputes encouraging complainants to make formal complaints
• Domestic violence services – advocates presenting all relationship conflicts through a DV lens
• Family influence – parents or relatives hostile to the relationship encouraging allegations
• Friend pressure – friends convincing complainants that normal relationship behaviours constitute abuse

Brisbane & Gold Coast domestic violence lawyers thoroughly investigate the context surrounding allegations, identifying motivations and inconsistencies that undermine complainant credibility.

Our Strategic Defence Approach

Domestic violence prosecutions rely heavily on complainant testimony, often with limited independent corroboration. Brisbane & Gold Coast domestic violence lawyers at Hannay Criminal Defence systematically dismantle prosecution cases through:

1. Thorough Investigation and Evidence Gathering

We immediately begin building your defence by:

Witness Identification and Statements

• Locating witnesses who observed the incident or relationship dynamics
• Obtaining statements from neighbours, friends, family members who can contradict complainant allegations
• Identifying witnesses to prior false allegations or complainant aggression
• Documenting character witnesses who can speak to your non-violent nature

Electronic Evidence Preservation

• Securing text messages, emails, and social media communications showing:
  • Complainant initiating contact after alleged incidents
  • Affectionate or normal communications inconsistent with fear
  • Threats or admissions by complainant
  • Evidence of complainant aggression or instigation
• Preserving phone records, call logs, and metadata
• Obtaining CCTV footage from nearby properties, businesses, or public areas
• Securing dashcam footage from vehicles

Medical and Photographic Evidence

• Documenting your injuries from mutual altercations
• Obtaining medical records showing complainant’s actual injuries (often far less severe than claimed)
• Taking photographs of alleged damage or injuries at the earliest opportunity
• Engaging independent medical experts to assess injury claims

Historical Evidence

• Documenting patterns of prior false allegations by complainant
• Obtaining police records of previous DVO applications withdrawn or dismissed
• Identifying prior incidents where complainant was the aggressor
• Gathering evidence of complainant’s mental health issues, substance abuse, or dishonesty

2. Exposing Inconsistencies in Complainant Accounts

Brisbane & Gold Coast domestic violence lawyers meticulously analyze complainant statements to identify:

Internal Contradictions

• Statements to police that differ from court testimony
• Details that change between first complaint and later accounts
• Timing inconsistencies that make alleged events impossible
• Physical impossibilities in the described scenario

Inconsistency With Objective Evidence

• Allegations contradicted by CCTV footage
• Injury claims inconsistent with medical evidence or photographs
• Timeline claims disproven by phone records or electronic data
• Damage claims contradicted by photographs or independent assessment

Inconsistent Behaviour

• Continuing to cohabit after alleged serious violence
• Initiating affectionate contact after alleged incidents
• Failing to seek medical treatment for claimed serious injuries
• Delaying police reports for days or weeks
• Social media posts inconsistent with claimed fear

Prior Inconsistent Statements

• Statements to friends or family contradicting police accounts
• Text messages or emails describing events differently
• Social media posts conflicting with alleged facts
• Recorded conversations revealing inconsistencies

3. Establishing Alternative Explanations

We present credible alternative explanations for evidence including:

Self-Defence and Defence of Others

Under section 271 of the Criminal Code Act 1899 (Qld), you’re entitled to use reasonable force to:

• Defend yourself from unlawful attack
• Defend another person from attack
• Prevent unlawful entry to property

Brisbane & Gold Coast domestic violence lawyers establish self-defence by showing:

• The complainant was the initial aggressor
• You used only reasonable force necessary to protect yourself
• You genuinely believed defensive action was necessary
• Your response was proportionate to the threat

Self-defence is particularly relevant in mutual altercation scenarios where both parties were physically involved but only one was charged.

Accident

Under section 23 of the Criminal Code, accidental conduct isn’t criminal. We demonstrate:

• Contact occurred accidentally during argument or movement
• Injuries resulted from falls or accidents, not intentional violence
• Damage occurred accidentally, not through intentional destruction

Lack of Intent

For many offences, prosecution must prove you intended to cause harm, fear, or damage. We establish:

• Actions were not intended to cause harm
• You didn’t intend to threaten or frighten
• Damage was not willful or intentional

Provocation

While not a complete defence, provocation under section 268 can reduce culpability by showing:

• The complainant engaged in provocative conduct
• An ordinary person might have lost self-control in similar circumstances
• Your response, while unlawful, was understandable given the provocation

4. Challenging Police Investigation Quality

Queensland Police investigations of DV matters are often rushed and one-sided. We challenge:

Inadequate Investigation

• Failure to interview defence witnesses
• Failure to obtain CCTV or other objective evidence
• Failure to investigate complainant’s history or credibility
• Failure to consider alternative scenarios or mutual violence

Police Bias

• Officers predetermined guilt without proper investigation
• Statements drafted by police rather than complainant’s own words
• Leading questions resulting in desired answers
• Failure to properly investigate both sides of the story

Procedural Failures

• Statements not properly witnessed or sworn
• Evidence chain of custody issues
• Failure to preserve evidence
• Breaches of Police Powers and Responsibilities Act 2000 (Qld)

5. Cross-Examination Excellence

In defended hearings, Brisbane & Gold Coast domestic violence lawyers excel at cross-examining complainants to expose:

• Inconsistencies in their evidence
• Bias, motivation, or ulterior motives
• Prior dishonesty or false allegations
• Relationship history contradicting their narrative
• Specific details they cannot explain or remember

Effective cross-examination often results in complainants conceding key facts, contradicting themselves, or appearing unreliable—creating reasonable doubt.

6. Expert Evidence When Needed

For complex matters, we engage expert witnesses including:

• Forensic psychologists – assessing complainant credibility, mental health issues, or false memory
• Medical experts – evaluating injury claims and causation
• Forensic analysts – examining electronic evidence, photographs, or physical evidence
• Domestic violence experts – providing context about relationship dynamics and false allegations

Why Choose Hannay Criminal Defence

Brisbane & Gold Coast’s Leading DV Defence Specialists

Proven Track Record:

• Hundreds of successful DV defences across Brisbane and Gold Coast courts
• Consistent charge withdrawals, acquittals, and non-conviction orders
• Strong relationships with prosecutors and magistrates

Strategic Excellence:

• Meticulous case preparation and evidence analysis
• Aggressive cross-examination exposing false allegations
• Creative defence strategies tailored to your circumstances

Immediate Availability:

• 24/7 contact for urgent bail applications and police interview advice
• Same-day appointments for new matters
• Quick response times for time-sensitive issues

Comprehensive Support:

• Coordination with family lawyers for custody protection
• Immigration lawyer referrals for visa holders
• Counseling and support service connections
• Clear communication throughout your matter

Local Expertise:

• Offices in both Brisbane and Gold Coast
• Intimate knowledge of local courts, magistrates, and prosecutors
• Understanding of Brisbane and Gold Coast police practices