Domestic Violence

What is domestic violence?

To obtain a Domestic Violence order in Queensland you must show to the Court that you were in some form of domestic relationship. A Domestic relationship could be a spousal relationship, an intimate personal relationship such as two people who were dating, a family relationship through blood or marriage (as well as someone reasonably regarded as family) or an informal carer. The person seeking the Protection Order is the Aggrieved and the Person against whom the Application or Order is made is the Respondent.

Domestic Violence includes any injury to you, damage to your property, intimidation or harassment, indecent treatment without your consent or a threat to do any of these things.

How do I apply for a Protection Order?

You can either do it yourself or through a Solicitor. The Police may also apply for an order for you. An Application form is available at your local Magistrates Court or from your Solicitor. A Queensland Domestic Violence protection Order may be registered in any other state.

What happens in Court?

Usually one of three things:

The Respondent can adjourn the matter to obtain legal advice.
The Respondent can consent to an Order being made. This can be done without admission which means the Respondent is not agreeing with any of the facts in the application but will consent to an Order being made.
The Respondent does not consent to an Order being made and the matter is listed for hearing.

If the Respondent does not appear in Court an Order can be made in his or her absence.

Penalties for breaching an Order

A Protection Order puts conditions on the Respondent with regard to contacting or approaching the Aggrieved.

Having a Domestic Violence Protection Order against you does not appear on any criminal record, however, breaching a Domestic Violence Protection Order is a criminal offence. Penalties range from fines to a term of imprisonment.

^{This document contains general information only and should not be relied upon as specific legal advice. Readers should contact our office for detail information or advice. No responsibility for any loss and or damage caused to any person acting in reliance on this article shall be accepted by the Principal of this Office.}