Domestic Violence
Domestic Violence
Domestic violence is a widespread problem in the community.
What Is Domestic Violence?
Domestic violence is any of the following acts:
- willful injury;
- willful damage to another person’s property;
- intimidating or harassing behaviour towards another person;
- indecent behaviour towards another person without consent; or
- a threat to commit any of the above.
Protection orders
In Queensland, the domestic violence legislation (from 10 March 2003)
covers the following relationships:
- family relationships - where people are relatives by blood, or relatives by marriage. This includes step-parent, half-brother, half-sister, mother-in-law, father-in-law, or anyone regarded as a relative on cultural or religious grounds;
- intimate personal relationships - where people are or were engaged to be married, or were previously dating and their lives have become enmeshed;
- informal care relationships - where people are either providing or receiving informal care as a result of an illness, disability or impairment. An informal care relationship is not a relationship where money is paid for the care or where care is received from an organisation; and
- marriage or de facto relationships - where people are or have been married or living together, or are the parents of a child regardless of whether or not they have lived together.
All of these relationships are covered by the legislation whether the people are of the same or opposite sex.
Children under 18 years cannot seek a Protection Order or have an Order made against them in family relationships or in informal care relationships where the care involves a parent or relative.
The law does enable children under the age of 18 years to seek a Protection Order or have one made against them if they are in a spouse or spouse-like relationship, intimate personal relationship, or an informal care relationship.
A person who claims to be a victim of domestic violence can apply to the Court for a Protection Order. Another person such as a solicitor or police officer can also apply for a Protection Order on behalf of someone else. The police have power to take a person into custody for up to four hours if they suspect domestic violence has occurred or is occurring.
Once a person applies for a Protection Order, a summons is issued.
Even if the application is not made through the police, the police will serve the summons on the person suspected of domestic violence.
In urgent circumstances, where there is a fear that the person is in immediate danger of suffering personal injury, an interim Order can be made before the summons has been served.
The terms of the Order may vary according to the circumstances of each case and what the Court thinks is appropriate in view of those circumstances.
The Court will order that the domestic violence stops and that the person accused of domestic violence displays good behaviour. Neither person is allowed to possess any firearms.
In Queensland, a person must not possess a weapon or a weapons licence if a Protection Order is made against them.
The Court may make Orders that:
- prohibit the person accused of domestic violence from contacting the applicant;
- set a specific distance from the applicant’s home or place of employment, and the person accused of domestic violence is not allowed to come within that distance;
- prohibit specific behaviour; or
- order the return of property.
These Orders can be extended to friends, relatives, and workmates of the victim.
Once a Protection Order is made it usually lasts for two years.
A final Protection Order can be made if the person who has received the application consents to the Order being made.
If you have moved to Queensland from interstate, you can have an interstate Protection Order registered here.
Breach of a Protection Order is a punishable offence. Penalties include a fine or imprisonment. If there are two or more breaches then the penalty is up to two years jail.
Family Law Act
Under the Family Law Act a spouse may apply for a Court Order against a violent spouse. This Order is called an ‘injunction’. An injunction is an Order that requires that one of the spouses not do something. Examples include:
- an Order for the personal protection of a spouse; or
- an Order to restrain the violent spouse from entering or remaining
- in the matrimonial home.
A person breaching such an Order can be arrested without a warrant. This applies to actual or threatened bodily harm to the spouse protected by the Order.
The Family Court also has the power to alter or vary a Magistrates Court Order if it conflicts with a Child Contact Order.
The Family Court can also explain to the spouses how the two Orders can work together.
What Is ‘Stalking’?
Stalking is a form of harassment. It is behaviour designed to intimidate or torment a person.
Stalking occurs if someone has been:
- following you;
- loitering outside your home or workplace;
- interfering with your property;
- watching you;
- telephoning you;
- leaving something offensive where you will find it; or
- threatening or intimidating you.
For the behaviour to be an offense under the law it must reasonably:
- cause you to fear violence to yourself, your property, or to someone else;
- cause you serious psychological or emotional harm;
- prevent or hinder your actions; and
- cause you to act in a way you would not act under normal circumstances (for example - selling your house).
It must have occurred on one ‘drawn-out’ occasion or on more than one occasion.
If it happens to you, you should contact the police and make a complaint.
It is a good idea to keep a diary of events.
Police should investigate the complaint and if there is enough evidence they will lay charges.