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Domestic Violence in Queensland has been regulated under the Domestic and Family Violence Protection Act 1995 however from 17 September 2012 it will be regulated under the Domestic and Family Violence Protection Act 2012.
That Act empowers the Magistrates Court in Queensland to deals with:
For the Act to apply, a domestic relationship must exist between the persons.
Domestic relationships include people who:
From 17 September 2012, under the changes to the legislation, the type of relationship covered by the Act is expanded to include:
The person applying for a Protection Order who needs the protection is the “Aggrieved”.
Sometimes the Aggrieved is not the Applicant who makes the Application, as the police may sometimes make an Application on behalf of the Aggrieved.
The person against whom the Protection Order is sought is the “Respondent”.
An Application can also protect a relative or associate of the aggrieved.
That other person’s name can be specifically included as a “named person” to be protected by the same Domestic Violence Order.
A “Named Person” is another person who is also named on the order, who also needs protection, for example a child or a flatmate.
If a “domestic relationship” does not exist, you can still apply for a protection order in Queensland, but the application is made under the Peace and Good Behaviour Act 1982.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Family & Domestic Violence Section
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