How do I apply for a domestic violence order?

A protection order, often referred to as a domestic violence order, is designed to protect you or others from the threat of or actual violence.

Can I apply for a protection order?

While an application can be made by a person on their own behalf, the Queensland Police Service on behalf of an “aggrieved party”.

However, in order to be eligible to apply for a protection order, one of the following relevant relationships must exist between yourself and the other party:

  • An intimate, personal relationship.
  • A family relationship.
  • An informal care relationship.

Has there been domestic violence?

The court must then be satisfied that an act of domestic violence has occurred. By law, an act of domestic violence occurs where a party engages in behaviour which is:

  • Physically or sexually abusive
  • Emotionally or psychologically abusive
  • Economically abusive
  • Threatening
  • Coercive.

Domestic violence also includes behaviour which in any other way controls or dominates a person and causes them to fear for their safety or wellbeing, or that of someone else.

Should an order be made?

On a temporary basis, the Court need only be satisfied that a “relevant relationship” exists and an act of domestic violence has occurred.

On a final basis, the Court must also consider whether it is necessary for a protection order to be made.

There a number of factors which the Court must consider when deciding whether a temporary protection order or final protection order should be made and Bell Dore Lawyers are available to provide you with timely legal advice about those matters whether you are an applicant or an aggrieved.

It is imperative that you obtain legal advice at the earliest opportunity to understand your rights and obligations, particularly given that:

  • A protection order can have a significant impact on any parenting arrangements;
  • A breach of a protection order constitutes a criminal offence.

Contact the team at Bell Dore Lawyers and let us help you navigate this often difficult and stressful process.

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