Designated Person – A person who is a relative or co-worker (friend, co-worker, shelter worker) of the injured party who is to be covered by the domestic violence order. Promoting community-based responses to violence against migrant and refugee women in Australia You can apply for a domestic violence order yourself, or a police officer, lawyer or representative (friend, relative, community/social worker) can apply for you. The person seeking protection is called the “injured party”. The person who allegedly committed domestic violence is called a “respondent.” We will use these terms in this manual. If you don`t get to court on time, your application may be denied. If this is the case and you still want a domestic violence protection order, you will need to file a new application with the court. No. The domestic violence order does not lead to a criminal record for the respondent. If the respondent contravenes the domestic violence order, he or she may be charged with a criminal offence. Learn about understanding your rights and what steps you can take to protect yourself in a situation of domestic and family violence, including applying for and enforcing a family order. Violation – If the defendant violates the terms of the domestic violence order. If your application is scheduled for a controversial hearing, seek legal advice as soon as possible. If the defendant objects to the domestic violence order, or if you can`t agree on the terms of the order at the mention, you will receive a new hearing date for a controversial hearing.

Whether you are a younger or older person, or have been in a relationship for many years or a short time, you have the right to feel safe and respected. The law recognizes the importance of personal safety and the fact that domestic and family violence is not tolerated in society. Once a domestic violence order has been made, the judge explains what the order means to the respondent and what happens if the defendant violates the order (not followed). Consent orders may be made if the respondent accepts your application for a domestic violence order (or accepts an existing domestic violence order). The defendant does not have to admit the facts you included in the application or agree with your version of the facts for the court to make consent orders. This is called “consent without entry.” The judge will consider your safety, the safety of your children and the safety of all the other people named in your application when deciding whether or not to make consent orders. When a judge makes a final domestic violence order, he or she decides how long it will last. The typical duration of a final domestic violence order is five years.

A judge may make a final order of less than or more than five years if there are special reasons for doing so. Before a domestic violence order ends, you can ask to have the order changed to end earlier or for a longer period of time. You should seek legal advice if you decide to change the order. You should describe the family violence you have experienced recently. It is helpful for the court to provide as much detail as possible, including: If both parties are seeking a domestic violence order against each other, this is called a cross-appeal. The Queensland Government has a range of resources and information on domestic and family violence on its website. The judge may, on his or her own initiative, make a domestic violence order on the basis of information available to the court or because one of the parties has filed an application for domestic violence. The judge must allow those involved to say what they think about the marital violence order. If the police suspect domestic violence, they should investigate your complaint. If they are investigating your case and have reason to believe that domestic violence has occurred, they may: A police protection notice will remain in effect until a court makes a domestic violence order or adjourns proceedings without issuing a domestic violence order, or until the application is rejected by a judge. If the respondent is not present in court and the police can prove that he served it, the judge can make a final domestic violence order.

The judge must be satisfied that all the conditions in your domestic violence order are supported by sufficient evidence. Police Protection Notice – A notice issued by the police to provide you with immediate temporary protection from domestic violence. The police usually issue a report if they are called for an incident of domestic violence (e.g. when they come to your home). It has the same effect as an order and lasts until the police show up in court for you. You can also request other conditions to order domestic violence. The judge must consider your safety and the safety of your children when deciding whether or not to add other conditions to the order. Domestic violence orders are part of a strategy to protect the safety of all members of our community and end violence.

For more information, visit the Queensland Courts website. This only applies if you already have a domestic violence order. The police may ask the court to change (change) the terms of your existing domestic violence order so that you have more protection. The judge must consider any family law or child protection orders you have before deciding whether to issue or vary a domestic violence order. If you have a family law order or child protection order about your children, or if you have family or juvenile court proceedings about your children, you must notify the judge, attach a copy of the orders to your domestic violence order, or give the judge a copy.