Yes. An Application for Registration in Queensland of an Interstate Domestic Violence Order should be completed and filed in a Magistrates Court of Queensland. You will need to file a certified copy of the Interstate Order with your Application.
What conditions can be included in a Domestic Violence Order?
An Order will require that a Respondent be of good behaviour towards the Aggrieved (and any other persons named in the Order such as children, relatives, friends, co-workers) and not commit domestic violence against the Aggrieved (or any other persons named in the Order). In some cases other conditions will be included in the Order such as conditions that:-
• stop a Respondent approaching the Aggrieved, approaching their home or approaching their workplace
• stop a Respondent living in the home shared by the Respondent and the Aggrieved
• stop the Respondent from attending at specific places
• stop the Respondent from having contact with the Aggrieved.
What does a Domestic Violence Order do?
A domestic violence order sets limits on the behaviour of a person who has committed an act of domestic violence against you. In some instances it requires that they be of good behaviour towards you and not commit an act of domestic violence against you. In other instances it can be much more specific for example prevent them from contacting you, or coming within a certain distance of you or your home.
What happens if I apply for a Domestic Violence Order?
Sometimes you can seek an urgent Temporary Protection Order, such as when you believe the normal process involved in obtaining a Protection Order will not protect you quickly enough. If your Application is heard on an urgent basis you can be in court before the Application has been served on the Respondent (the person you are seeking the Order against). The urgent Temporary Protection Order can be made and then served on the Respondent at the same time as your Application. A further court date will be allocated for the Application. If you do not require an urgent Temporary Protection Order, once your Application is filed it will be allocated a court date and then needs to be served on the Respondent. What happens as the Application progresses through the Court depends upon what the Respondent does. The Respondent can accept the Order being made, oppose the Order or seek for the matter to be adjourned to allow them to seek legal advice. If the Order is being opposed the matter will proceed to a Hearing.
What is domestic and family violence?
Domestic violence includes physical or sexual abuse, emotional or psychological abuse, financial abuse, threatening or coercive behaviour and any other behaviour which dominates a person or causes them to fear for their safety or wellbeing.
Will I get a criminal record?
If a Domestic Violence Order is made against you that does not mean you will have a criminal record. There will be a record of the court proceeding and of the Domestic Violence Order, but this is not a criminal record. If you breach the terms of the Domestic Violence Order and are charged with a breach of that Order you can be charged with a criminal offence and may end up with a criminal record.
Am I entitled to spousal maintenance?
Spousal maintenance is not automatic. Whether or not you are entitled to receive spousal maintenance will depend upon your circumstances and whether you are able to meet your reasonable expenses yourself from your own income or assets. Even if you are unable to meet your reasonable expenses yourself spousal maintenance will only be paid to you if your former spouse has the capacity to make those payments to you. The right to spousal maintenance stops if you remarry. Also if you commence a defacto relationship consideration will be given to the financial circumstances of that relationship, including your defacto partner’s financial circumstances, in determining your entitlement to spousal maintenance.
Are there any limits to defacto spouses who can apply for spousal maintenance?
Yes. If your defacto relationship ended before 1 March 2009 (or 1 July 2010 in South Australia) you will not be entitled to seek spousal maintenance under the provisions of the Family Law Act 1975 unless your ex-partner agrees for that legislation to apply.
How is the need for spousal maintenance determined?
Matters that are taken into consideration in deciding whether a spouse has a need for spousal maintenance include your age and health, your income, property and financial resources, your ability to work and how the marriage, or defacto relationship, has affected your ability to earn income, what is a suitable standard of living and whether any children are living with you.
I was in a defacto relationship, when can I apply for spousal maintenance?
Spousal maintenance can be applied for by a party to a defacto relationship that has ended up until two years after the end of that defacto relationship. The time limit in relation to spousal maintenance is created upon the end of the relationship, just like for defacto property settlement. In very limited circumstances you may be able to get permission from the court to apply for spousal maintenance after the time limit has expired.