What is an ouster order?
Can the court order someone to leave a house?
Yes. Since the changes to the domestic violence laws (DV) in Queensland in 2012, the court has been able to make an “ouster order”.
The law provides that in addition to the “standard provisions” (i.e. that the respondent spouse should be of ‘good behaviour’) if the court is satisfied that a DV order should be made, the court may impose an additional condition prohibiting the respondent from remaining at, entering or approaching a stated premises. Premises can include property that the respondent may have a legal interest in, where the parties may have lived together or where the applicant frequents or works.
The actual address of the stated premises should be specified in the court order. This assists the police in enforcing it.
The legislation also provides that if an ouster order is made the court must consider imposing a condition to allow the respondent to return to the premises to recover property.
The condition should state the time and how long the respondent may remain at the premises without contravening the order. The condition must not however allow the respondent to remove personal property required to meet daily needs of any person living in the premises (example, household furniture and kitchen appliances).
To receive advice on your rights and entitlements, please contact Michael Lynch Family Lawyers by filling-out the appointment form here or calling our Brisbane office on (07) 3221 4300.