DOMESTIC VIOLENCE IN QUEENSLAND

 

When will a Court make a Domestic Violence Protection Order

 

Under the Domestic and Family Violence Protection Act 1995 which applies up to 17 September 2012, a Court will usually make a Domestic Violence Protection Order if they are satisfied that:

  • A domestic relationship exists between the Aggrieved and the Respondent; and
  • The Respondent has committed an act of domestic violence against the Aggrieved; and
  • The Respondent:
    • is likely to commit an act of domestic violence again; or;
    • if the act of domestic violence was a threat, is likely to carry out the threat.

Under the Domestic and Family Violence Protection Act 2012 which will apply from 17 September 2012, a Court will usually make a Domestic Violence Protection Order if they are satisfied that:

  • A relevant relationship exists between the Aggrieved and the Respondent; and
  • The Respondent has committed an act of domestic violence against the Aggrieved; and
  • The Protection Order is necessary or desirable to protect the Aggrieved from domestic violence. 

Under the changes to the legislation which take effect from 17 September 2012, there is no longer any need to prove that either:

  • further acts of domestic violence are likely; or
  • if the act of domestic violence was a threat, there is a likelihood of the threat being carried out.

 

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Content By:
Michelle Beatty
MRB LAW

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