Part I

Information to assist both victims and perpetrators of domestic violence.

Queensland Police Service

The Queensland Police Service recognises domestic violence is a serious problem within the community and is committed to providing an appropriate, effective and professional police response in order for the people of Queensland to feel safe from such violence and for victims to receive the maximum protection under the law. Domestic violence is not the sole responsibility of the Queensland Police Service. All organisations, both government and non-government, have an important part to play in response to, and in the prevention of, domestic violence in the community. A coordinated response to domestic violence is one such way both government and non-government organisations can work together to address domestic violence in the community. The Queensland Police Service is committed to working in partnership with the people of Queensland in order to enhance the safety and security of the community.

What is the purpose of this brochure?

The purpose of this brochure is to provide relevant information to assist both victims and perpetrators of domestic violence.

The information will assist a domestic violence victim make an informed choice on how to best deal with their situation and advise them of the protection available under the Domestic and Family Violence Protection Act. For the perpetrator, this information will assist them to understand that domestic violence behaviour is unacceptable and the extent to which the Domestic and Family Violence Protection Act can be applied to stop them continuing such behaviour.

Should you require any further information that has not been covered in this brochure, please contact the Domestic Violence Liaison Officer at your local police station.

The following questions are answered in this brochure:

• What is domestic violence
• Cycle of violence
• The law
• Common terms
• What is a domestic violence order
• Who can be protected by a domestic violence order
• Who can take action against further domestic violence
• What actions can police take
• What happens when a respondent is released from a watchhouse
• Does a respondent have to go to court
• Does the aggrieved have to present their own application to a court for a domestic violence order
• When an application for a domestic violence order is being heard by a court, is the court an 'open' or 'closed' court
• What conditions are placed on a domestic violence order
• Can additional conditions be placed on a domestic violence order
• What happens if the respondent breaches any of the conditions
• Why have a domestic violence order
• What about legal advice for respondent
• What about domestic violence orders issued in other Australian States/Territories and New Zealand
• What help is available
• Where can I receive help

What is Domestic Violence

Domestic Violence occurs where one partner in a relationship uses his or her violent and/ or abusive behaviour in order to control and dominate the other partner. The behaviour can include any one or more following:

• Physical abuse (eg. punch in face)
• Damage to property (eg. television smashed)
• Sexual abuse (eg. rape)
• Verbal abuse (eg. constant 'put downs')
• Financial abuse (eg. unrealistic expectations from limited budget)
• Harassment or intimidation (eg. repeatedly making telephone calls)
• or the threat of any of the above.

No person has the right to use violent and/or abusive behaviour in order to control another individual.

Cycle of Violence

In many, but not all, abusive relationships there is a cycle of violence. This cycle varies, but generally rotates between relative calm and an explosion of abuse. Recognising this cycle can often be an enlightening experience for many people.Whatever your circumstances, if you are in a domestic violence situation, call your local police station and have a police officer visit you or, alternatively, make arrangements to meet at a safe location with a police officer. Remember, violence includes controlling behaviours such as intimidation, harassment, verbal and emotional abuse, not just physical abuse.

The Law

Police use a large number of legislative authorities each day in their policing duties when responding to incidents. The Domestic and Family Violence Protection Act is the primary legislative authority used by police in response to domestic violence incidents. Other legislative authorities, such as The Criminal Code, Weapons Act and Police Powers & Responsibilities Act, can also be utilised by police in relation to domestic violence incidents if certain circumstances exist. Under the Domestic and Family Violence Protection Act and Police Powers and Responsibilities Act, police have certain responsibilities and powers that they apply to domestic violence incidents.