Keeping You Up to Date on Domestic Violence Laws in Queensland
Domestic and family violence occupies a substantial percentage of police time, through processes like applications for domestic violence orders and breaches of a domestic violence order. The Queensland Government plans on taking steps to improve police efficiency in this regard.
Current Queensland Government Domestic Violence Legislation
Domestic violence laws in Queensland are governed by the Domestic and Family Violence Protection Act. Under this legislation, police can issue a Police Protection Notice that remains in place until the first court appearance. At that time, the Court then determines whether a Temporary Protection Order need to be put in place for the duration of the court proceedings.
This legislation details the following three elements that the court considers when determining whether a domestic violence order should be put in place against another person:
- Is there a relevant relationship?
- Is there domestic violence?
- Is an order necessary or desirable?
What is a relevant relationship?
A relevant relationship is:
- An intimate personal relationship which includes a spousal relationship, engagement relationship or couple relationship; or
- A family relationship which exists between 2 persons if 1 of them is or was a relative of the other; or
- An informal care relationship which requires one person to be or have been dependent on another person, a carer, for help in an activity or daily living such as dressing or personal grooming.
What does ‘domestic violence’ mean?
The definition of domestic violence is complex and diverse. Domestic violence is a pattern of behaviour involving a perpetrator’s exercise of control over the victim.
Domestic violence can take the form of physical violence or harm, sexual abuse, economic or financial abuse, emotional and psychological abuse, cultural and spiritual abuse, following, harassing and monitoring another person, damaging property, exposing children to domestic violence etc.
The definition of domestic violence is very broad and can include a range of acts. For example:
- text messages calling another person derogatory or defamatory names; or
- physical violence such as choking and strangulation.
If you have a domestic violence order in place against you, it is important that you obtain legal advice to ensure that you understand the definition of domestic violence and the conditions in place against you.
What is considered necessary or desirable?
In deciding whether a domestic violence order is necessary or desirable, the court must consider:
- The principles in section 4 of the Domestic and Family Violence Protection Act (which includes the paramount principle namely the safety, protection and wellbeing of people who fear or experience domestic violence, including children);
- If an intervention order has previously been made against the respondent, any failure to comply with the order; and
- The respondent’s criminal history and domestic violence history.
Case law suggests that the Court can make a domestic violence order if they find it desirable to make an order without finding it necessary. For example, where a perpetrator of domestic violence needs to be held accountable. Similarly, a Court may find it necessary to make a domestic violence order without finding it desirable. For example, the Court may find it necessary to make a domestic order even if the aggrieved does not wish for an order to be made.
When the court is considering whether a domestic violence order is necessary or desirable, they consider whether there is a risk to the safety and wellbeing of the aggrieved and any named persons. Essentially, the Court needs to assess the risk to determine whether a domestic violence order is ‘necessary’.
New ‘Police Efficiency’ Laws Surrounding Domestic Violence Orders
The Queensland Government introduces new plans aimed at enhancing ‘police efficiency’ with respect to domestic violence matters.
The proposed Police and Other Legislation (Police Efficiencies) Amendment Bill 2024 includes strategies aimed at streamlining the police and court process in relation to protection orders, and allowing courts to make orders without the consent of the aggrieved party in certain circumstances.
One of the other major amendments that the Queensland Government plans on introducing is granting police officers the power to issue year-long Domestic Violence Orders on the spot, without requiring a court application. In other words, under the Police-Issued Protection Order framework, police would have the power to make orders lasting 12 months. More information in this regard is expected to be released by the Queensland Government over time.
Contact Us Today
If you have been served with an application for a domestic violence order, or you have been contacted by police in relation to a domestic violence matter, it is important that you obtain legal advice immediately. Contact Potts Lawyers today to schedule an initial consultation with one of our expert domestic violence lawyers in Brisbane or the Gold Coast.