Part III

What conditions are placed on a Domestic Violence Order?

The two mandatory conditions of a Domestic Violence Order are that the respondent spouse must:

• be of good behaviour;
• not commit domestic violence;

The respondent is also prohibited from

• possessing any weapons for the duration of the order; and
• from possessing a weapons licence for the duration of the order.

Can additional conditions be placed on a Domestic Violence Order

Yes. If necessary, the Court can also make other conditions the Respondent must comply with in order to protect the Aggrieved. For example, the Court may impose a condition that the Respondent not make contact with the Aggrieved.

What happens if the Respondent breaches any of the conditions?

If a Respondent breaches any of the conditions on a Domestic Violence Order, the Aggrieved should immediately contact the Police and make a complaint. The Police have a duty to record such complaint and to investigate the matter. If sufficient evidence is obtained during the investigation, the police can charge the Respondent with breaching the Domestic Violence Order.

For an Aggrieved to make a complaint, police can attend the Aggrieved's residence. If this is a problem because of the Respondent, the Aggrieved can visit a Police Station or arrange to meet Police at a location that suits them.

Police may need the Aggrieved to go to Court to prove the breach. Do not be concerned by this as the Police will assist you.

BREACHING THE CONDITIONS OF A DOMESTIC VIOLENCE ORDER IS A CRIMINAL OFFENCE

Why have a Domestic Violence Order?

A Domestic Violence Order will provide the Aggrieved and their Relatives and Associates (if named on the Order) with protection from further violence, abuse, harassment or threats.

Domestic Violence Orders give a clear message to a Respondent that they MUST:

• take responsibility for the violence; and
• know that their behaviour is unacceptable.

What about legal advice for Respondents?

If Respondents want legal representation for Domestic Violence Applications, they should see their solicitor or contact their local legal aid office.

If a Respondent is charged with breaching a Domestic Violence Order, they can see a duty solicitor who is available at the court on the day they must appear. This advice is free. Alternatively, they can see their own solicitor or contact their local legal aid office before their appearance.

What about Domestic Violence Orders issued in other Australian States/Territories and New Zealand?

A Domestic Violence Order which was taken out in New Zealand or another Australian State or Territory can be registered in Queensland by attending your local Court House. The order may need to be modified to give you the greatest protection within the Domestic and Family Violence Protection Act. The clerk of the court will notify police of the existence of your order. If you move interstate from Queensland inquire at your local police station or Court House about registering your Queensland Domestic Violence Order.