In most cases, where a party alleges domestic violence and seeks a protection order each party will have to pay their own legal fees.
But what if an application is brought with no basis?
Well, as the Domestic Violence and Family Violence Protection Act 2012 (Qld) explains:
“the court may award costs against a party who makes an application that the court hears and decides to dismiss on the grounds that the application is malicious, deliberately false, frivolous or vexatious.”
JSA v MPR [2022] QDC 111 – A Vengeful, Malicious and Vexatious Former Spouse
In this case the parties were previously in a relationship.
The court found that the former wife was liable for the former husband’s legal fees for the following reasons:
1. there were only two confirmed acts of domestic violence which included a verbal insult and swearing;
2. the former wife had intentionally mislead the court regarding a series of offences alleged to have been committed by the former husband which occurred in 2014/2015;
3. the former wife informed the court that the respondent would often say that he was a criminal who had been to prison as a way to ‘threaten’ the appellant. It was later found in evidence that the respondent “adopted such a character in role-playing” but otherwise had no criminal history and had never actually been to jail;
4. the former wife made allegations of the respondent’s drug use (marijuana), however, did not raise her own similar drug use;
5. incidents of alleged stalking by the former husband were explained by the fact the parties lived in the same neighbourhood post separation;
6. the magistrate did not believe the former wife had a genuine fear of the former husband, or alternatively, if she did have a fear it was not reasonably held; and
7. finally, and likely most importantly, a recording of the former wife was tendered into evidence where she told the former husband that she would “stock up on ammunition” in case they separated, and he tried to “f*** her over”. When their relationship ended the former wife telephoned the former husband’s ex-wife to tell her that the appellant and respondent had commenced an affair whilst they were still married.
The magistrate found that the former wife “was clearly motivated to seek revenge… in the event of their separation” and therefore concluded that the appellant had embellished her claims and brought the application with malice and to vex the respondent.
Domestic violence is detestable, but it should not be faked or embellished for the purposes of revenge.
If you need assistance with domestic violence or believes a domestic violence application has been made against you vexatiously contact the family law team at Miller Harris Lawyers for advice and referrals.
If you are in immediate danger you should call the police on 000.
You can also access free counselling, support and information and referral for assistance by calling Cairns Regional Domestic Violence Service on 07 4033 6100 or DV Connect on 1800 811 811.