Domestic Violence Orders (QLD)
In Queensland, What is a Domestic Violence Order (DVO)?
Protection Orders can only be made if the Court acknowledges that:
1) All parties were in a relevant relationship
2) the Respondent has committed an act of domestic violence against the Aggrieved; and
3) the Protection Order is necessary or desirable to protect the Aggrieved from domestic violence.
Relevant Relationships between the Aggrieved and Respondent can be considered as:
- Intimate, personal relationships (i.e. spouses, engaged relations and couples)
- Family relationships (i.e. was or currently still are relatives by blood or marriage)
- An informal care relationship
What is Domestic Violence?
Domestic Violence is behaviour towards another person that includes:
- Physical or sexual abuse
- Emotional or psychological abuse
- Economical abuse
- Threats or coercion
- Attempts to control or dominate another person, causing them to fear for their (or someone else’s) safety or wellbeing
What is Family Violence?
Family Violence is defined as:
- When someone is violent or is threatening to be violent towards a family member
- Any other behaviour that coerces or controls another family member, or causes them to be fearful
- Includes physical, financial, emotional, psychological and sexual abuse
Family members are:
- People who share intimate or personal relationships (i.e. married, de facto or domestic partners)
- Parents and children (including stepchildren)
- Birth relatives, relatives through marriage or adoption
- People who you treat like a family member (i.e. caretaker, guardian, or person related to you within the familial structure of your culture)
- Anyone who used to be considered a family member in the past (including ex-partners)
Temporary Protection Orders
Temporary Protection Orders can be made in the interim period before Court decides whether or not a protection order will be made for the aggrieved.
Protection orders can contain special conditions such as prohibiting contact with the aggrieved, restricting the respondent from approaching the aggrieved within a certain distance and/or going to specific places, ordering that the respondent not have weapons, and/or ordering the respondent to leave a place where the aggrieved and respondent reside. These can be changed to suit the aggrieved’s specific situation.
Breaching an Order
The breach of a Protection Order is a criminal offence which can be prosecuted by the Police and is punishable by a maximum penalty of:
- 120 penalty units or 3 years’ imprisonment; or
- If the Respondent has previously been convicted of a breach of a Protection Order in the last 5 years, then they could receive a fine up to 240 penalty units (currently $28,272) or 5 years’ imprisonment.
- As of 1 July 2021 – a penalty unit is $137.85.
Contact Us for a Free Case Evaluation
If you feel that you are a victim, it’s important to take steps to protect your reputation. To schedule a free case evaluation, complete the form or contact us via chat or phone at 0485 872 417.