DOMESTIC VIOLENCE IN QUEENSLAND

 

What does a Domestic Violence
Protection Order state

 

Every Protection Order will automatically say that the Respondent must be of good behaviour and not commit domestic violence against the Aggrieved or any other persons who are named on the order.

When a Protection Order is made, all weapons licences held by the Respondent will be cancelled for five years.

You can ask for conditions to be stated in the Protection Order to stop the Respondent from doing certain things.  Some conditions that are commonly requested are set out on the Application form.  Some common conditions include the Respondent:

  • Staying a certain distance from the Aggrieved;
  • Staying away from the Aggrieved’s home or work;
  • Not approaching within a stated distance of certain premises;
  • Not contacting, attempting to contact (or asking someone else to contact) the Aggrieved, including for example if the Aggrieved has taken shelter at a refuge;
  • Not locating, attempting to locate (or asking someone else to locate) the Aggrieved if the Aggrieved’s whereabouts are not known to the Respondent;
  • Remaining at the home of the Aggrieved (this condition can be made even the home is a joint home);
  • Not attending at a place associated with a child of the Aggrieved. The Court can also prohibit the conduct of the Respondent towards a Child of the aggrieved.

These conditions can also apply to another person “named” on the Protection Order. 

A Court can also make an “ouster” condition that the Respondent vacate the home where the Aggrieved and Respondent lived together. 

If the Court makes an “ouster” condition requiring the Respondent to move out of the house where you both lived together, the Court can order that the Respondent be given time in which to return to the premises to collect their belongings.

There are also particular provisions if the Aggrieved and the Respondent have a Child or Children together.

It is a criminal offence to breach a Domestic Violence Protection Order.  Breaches of a Protection Order should be reported to Police. 

The Police will investigate the alleged breach and if appropriate, charge the Respondent with breaching the Domestic Violence Protection Order.

 

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Content By:
Michelle Beatty
MRB LAW

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