What is domestic violence?
Domestic violence includes:
- Physical and verbal abuse (pushing and shoving, pulling your hair, constantly calling you names)
- Intimidation or harassment (including threats to hurt you or your children, threats to hurt or kill your pet)
- Damage to your property or threats to damage your property
This behaviour is against the law.
My partner has been violent towards me… what can I do?
- Get legal information or advice from Legal Aid Queensland on 1300 650 143 or call 1800 81 18 11 for help about accommodation and other practical things.
- You can apply for a ‘protection order’ to help protect you.
What is a protection order?
A protection order tells your partner to stop committing domestic violence, and may order them to stop contacting, approaching, and locating you and any other family members or friends who have been a victim of the domestic violence.
A protection order may last for up to 2 years.
How do I apply for a protection order?
You can ask your local police to help you complete the application form. You can also visit your local Magistrates Court, Community Justice Group, Legal Aid Queensland offi ce or a private solicitor.
Will my partner go to jail if I get a protection order?
Applying for a protection order does not mean your partner will go to jail. If he does not do what the order says, he might be charged by the police. If he is charged punishments for breaking the order can include jail.
Can I leave the home that I share with my partner?
You can leave your marriage or relationship at any time without asking permission from anyone. If you want to leave your family home, you can.
In most cases partners who are going to separate agree who will leave the home. If they cannot agree, in limited circumstances a court can make a sole use and occupation order which forces one partner to leave. Where there has been domestic violence a protection order can have the effect of making one partner leave the home. Without one of these orders you cannot be forced to leave a home which you own either in your own name or jointly. Different rules apply to rented properties.
Another option is you can live separately but under the same roof. You may have to tell your partner that you are separated for possible divorce proceedings and you should let Centrelink know.
What about our children?
Even if you do not live together, both families still have responsibilities and obligations for the children. You will need to try and agree about who the children will live with and organise contact (visits) for the children to see the other people.
What if my partner says I will never see my children again if I leave?
This is not true. Both families are responsible for raising the children, provided it is in the best interests of the child. If you do not agree with the family about arrangements for the children after separation, you can ask for help from Legal Aid Queensland or a community organization for you and the rest of the child’s family to come to an agreement about the parenting arrangements for your children, or apply to a Court that can make a decision about these arrangements.
My partner says that if I leave I will not have anything… no property or furniture… is this true?
What you are entitled to when you leave will depend on how long you were married or how long you lived with your former partner, what money or furniture you brought with you, what contributions you have made to the relationship both fi nancial and non-fi nancial (such as looking after the children, housekeeping etc.) and what you will need in the future.
What should I take with me if I decide to leave?
If you decide you want to leave the family home you should seek legal advice.
If you leave with your children it is reasonable to take whatever household items you need to meet the day-today needs of the children, such as: washing machine, beds and linen, pots and pans, crockery and children’s toys. You should consider taking their birth certifi cates and passports with you.
You should get legal advice about property matters before you leave if possible.
You should try and agree with your partner about the items each of you should have on separation.
You should also try to take with you important documents like your passport, birth and marriage certifi cates, tax fi le number, driver’s licence, health care card, private health insurance documents, bank statements, credit cards and any other documents relating to your personal fi nances.
It is a good idea to take your personal belongings with you including items of sentimental value like photographs, gifts, jewellery and items from your family.
You can take jointly-owned property, like a car or money from joint accounts. Any property you take will be taken into account when adjusting the property division with your former partner in the future, whether by agreement with him or by court order. Some items might then have to be given back to your former partner.
How will I live if I have no money of my own?
- You may be eligible for a range of government Centrelink benefi ts depending on your personal circumstances. Contact Centrelink immediately to find out what benefi t you may be entitled to on 13 28 50 or 13 61 50. There are Aboriginal and Torres Strait Islander Liaison Offi cers who can assist you.
- You should contact the Child Support Agency on 13 12 72 to find out whether you can get money from your partner to help pay for the cost of raising your children.
- To find out whether you may be entitled to other money from your former partner you should seek legal advice. Contact Legal Aid Queensland on 1300 650 143.
I need to leave the family home quickly… is there anywhere I can stay?
If you don’t have any family or friends who can help, your local police might be able to help find temporary accommodation for you and your children at a women’s shelter.
You can also call 1800 81 18 11 for shelter accommodation.
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Try to seek legal advice as soon as possible if you think you might have a legal problem. You can call Legal Aid Queensland on 1300 650 143 for the cost of a local call from anywhere in Queensland. Legal Aid Queensland’s staff will try to answer any questions you have and help you to find someone to assist you. |
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