Yes. An Application can be made to a Magistrates Court of Queensland.
Yes. An Application to Vary a Domestic Violence Order can be completed and filed in any Magistrates Court of Queensland. An Order can be varied by an Aggrieved (the person protected by the Order), or the Respondent (the person who the Order is against). Variations to an Order can include changes to the terms, adding more terms to the Order, changes to the persons listed on the Order and changes to the time that the Order is force for.
It is possible to have a condition added to a Protection Order which allows you to continue to see your children. You should see a solicitor about this.
In Queensland, an Application is made in the Magistrates Court.
You must attend Court on all dates that the Application is in Court. You need to indicate that you disagree with an Order being made. When you disagree with the Order being made the Application will proceed to a Hearing. Before that Hearing you and the person seeking the Order (the Aggrieved) will need to make a statement in the form of an Affidavit and file that in the Court. Any witnesses for you and the person seeking the Order also make an Affidavit which is filed in the Court. At the Hearing the person seeking the Order, any witnesses on their behalf, you and any witnesses on your behalf can all be questioned (cross examined) by the Magistrate or by any legal representative for the person seeking the Order or for you. Once all the evidence is heard by the Magistrate a decision is made as to whether to make the Protection Order which has been applied for. You should seek legal advice if you do not agree with an Order being made.
Once a Domestic Violence Order is in place if it is breached (broken) by the Respondent a complaint can be made to the Police. An investigation is undertaken by the Police and if they can prove that the Order was breached they will charge the Respondent. Breaching the Domestic Violence Order is a criminal offence. Just what the charges are will depend upon what the Police investigation shows, for example the Respondent might be charged with more than breaching the Domestic Violence Order.
In most States and Territories there will be legislation that provides for your Queensland Domestic Violence Order to be registered in that State or Territory. You should make enquiries at any local Court in the new State or Territory.
Yes. An Application to Vary a Domestic Violence Order should be completed seeking to extend the time of the Order. The Application should be filed in any Magistrates Court of Queensland. The Application in this case needs to be filed before the Domestic Violence Order ends.
You can decide to do one of several things. If you do not mind a Protection Order being made against you then you can attend Court and consent to the Order being made. You might prefer to consent to the Order being made without admitting to the allegations that are contained in the Application (a consent without admission). In either case you should seek legal advice and inform yourself of the implications of having a Protection Order against you, as in some cases it can affect your employment, for example if you are a Police Officer or a Security Officer. In some cases it can impact upon your recreation activities, for example if you hold a weapons licence and if you own weapons.
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.