The Domestic and Family Violence Protection Act 2012 (Qld) (“the Act”) is the legislation that governs domestic violence proceedings in Queensland. When filing an application for a protection order, you must indicate whether you seek a temporary protection order...
The Domestic and Family Violence Protection Act 2012 (Qld) (“the Act”) is the legislation that governs domestic violence proceedings in Queensland. When filing an application for a protection order, you must indicate whether you seek a temporary protection order in addition to a final protection order. The test that the court must be satisfied to make a temporary protection order is different to the test for a final protection order.
Temporary protection order
For a court to make a temporary protection order against the respondent, the court must be satisfied of two (2) conditions pursuant to section 45 of the Act:
That a relevant relationship exists between the applicant and respondent; and That the respondent has committed domestic violence against the aggrieved.Domestic violence takes many different forms (including but not limited to physical abuse, emotional abuse, sexual abuse, psychological abuse, threatening behaviour and coercive control). Domestic violence is defined in section 8 of the Act which includes examples of what behaviour constitutes domestic violence.
When you file an application for a protection order, the police is responsible for serving a copy of the application on the respondent. If the respondent has not been served with your application for a protection order by police and is not present in court on the day your application is first being heard, the Magistrate must be satisfied of a further condition pursuant to section 47 of the Act:
That the making of a temporary protection order is necessary or desirable to protect the aggrieved, or another person named in the application, from domestic violence.Final protection order
For a court to make a final protection order against the respondent, it must be satisfied of three (3) conditions pursuant to section 37 of the Act:
That a relevant relationship exists between the applicant and respondent; and That the respondent has committed domestic violence against the aggrieved; and That the protection order is necessary or desirable to protect the aggrieved from domestic violence.In deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence, the court must consider:
The principles mentioned in section 4 of the Act (see below); and If an intervention order has previously been made against the respondent and the respondent has failed to comply with the order — the respondent’s failure to comply with the order; and If an intervention order has previously been made against the respondent and the respondent has complied with the order — the court may consider the respondent’s compliance with the order. However, pursuant to section 37(3) of the Act, the court must not refuse to make a protection order merely because the respondent has complied with an intervention order previously made against the respondent.The post How to apply for temporary and final protection orders appeared first on Family & Divorce Lawyers Brisbane.
