It is unfortunate that the event of separation often gives rise to an incident of domestic violence.

Relief from domestic violence can be sought either through the State Courts or the Federal Courts.

If you are in immediate danger you should always contact the Queensland Police. They can provide immediate assistance. If the situation is serious they can remove the offending party from the home.

We regularly appear in Domestic Violence matters.

We are able to assist with the filing of an Application for a Protection Order in the Magistrates Court or an Ouster Order in the Federal Magistrates Court. Domestic violence may also be relevant to other issues in respect of parenting and property.

Domestic violence is not limited to physical violence. The legislation defines domestic violence as including:-

• Injury
•  Damage to property
•  Intimidation or harassment
•  Indecent behaviour without consent
•  A threat

Interim Orders are made regularly by the Court without the other party being present.

In Order to qualify for a final Order, the legislation requires that:

• An act of domestic violence has occurred; and
• The person is likely to commit an act of domestic violence again.

Practical Tips

• Do report domestic violence to the Queensland Police.
• Your safety and the safety of your children is the priority.
• Do seek legal advice as your situation may be one where an “Ouster Order” can be sought. This is an Order whereby the other party will be removed from the home and you can have sole use and occupation of the home.