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This factsheet explains what you can do if you need to respond to a domestic violence protection order application. Print version: |
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You should get legal advice before deciding whether you want to agree or disagree with the protection order application.
What are my legal options?
If someone has applied for a protection order against you there are three options to consider. You can:
- ask for your case to be adjourned to a later date to give yourself time to get legal advice about what to do
- agree to the protection order being made against you
- disagree to the protection order being made against you.
You can agree to a protection order being made without admitting to any of the facts in the application against you. This is called “consenting without admission”.
You should talk to a lawyer before making your decision. No matter which option you choose you will have to go to court.
A copy of the actual protection order application will be delivered to you by the police — read it carefully because it will explain when and where you have to go to court.
What is domestic violence?
Domestic violence is when someone you are in a relationship with intentionally:
- uses words or actions to intimidate or harrass you
- injures you or damages your property
- behaves indecently towards you (eg forces sexual actions) or
- threatens to do any of these things.
Relationships covered by the law include spousal, intimate personal (this includes people who were engaged or planning to get married and some dating relationships) and family or informal care relationships.
What if I agree with the order being made?
If you agree to the order, you and the applicant (this is the person trying to take the order out against you) will both go to court. The magistrate will then make a decision about the protection order’s conditions.
What conditions can be made?
The conditions vary from case-to-case but could include things to stop you from:
- approaching the applicant’s workplace or home
- going near the applicant, their relatives or friends, eg you might have to stay at least 100 metres away
- living in the home you share with the applicant having any contact with the applicant
- by telephone except for mediation or counselling.
You will need to let the magistrate know what parenting arrangements you and the applicant have in place because the protection order could affect them.
What if I disagree with the order being made?
You will have to go to court and tell the magistrate you disagree. The magistrate will then set a hearing date. The hearing date might be six to eight weeks away. At the hearing you will have to explain why the order shouldn’t be made.
Both you and the applicant will tell your side of the story under oath and be questioned by the magistrate.
Documents can be given to the magistrate, like photographs and doctors’ reports, to support your story. You can also bring witnesses. After the magistrate has heard all the evidence they decide if they will issue an order against you.
Get legal advice before deciding to disagree with the order being made.
What can an order do?
A protection order puts limits on your behaviour. You must be well behaved towards the other person and anyone else named in the order. The order can also protect children, relatives, friends or workmates if there has been violence or threats of violence towards them.
Once an order has been made, it is illegal for you to be violent towards the people named in the order, own a weapon or have a weapon’s licence or break any of the conditions in the order.
What is an ‘urgent temporary order’?
A person can apply for a temporary protection order if they believe your behaviour is putting them in danger, or could result in their property being damaged. In some cases this order can be made in your absence.
Will I get a criminal record?
Not unless you breach the order. You must follow the terms set down in the order. If you don’t and you break the order (urgent or non-urgent), the police can charge you with a criminal offence.
How can Legal Aid help me?
Legal Aid Queensland provides free legal information and advice for all Queenslanders. If you want to contest an application for a protection order we may be able to fund a lawyer to represent you in court. This service is means and merit tested — we will look at what you earn, what you own and if your case has a good chance of success to decide if you are eligible for legal aid. This way we can make sure we are using our funding to help those who are least able to afford a lawyer.
How do I apply for legal aid?
You need to complete an application form, which you can get from our offices throughout Queensland or from our website www.legalaid.qld.gov.au.
Your application is more likely to succeed if you get legal advice before you apply.
Is your help confidential?
Yes. Our services are confidential and we are committed to protecting our clients’ privacy. We will not provide your personal information or details about your legal problem to anyone, unless
we are legally required to.
Can you organise an interpreter?
Yes. We can organise for an accredited interpreter to help you. We are committed to making our services accessible to all people who need our services. If you would like information about domestic violence explained in your language, please phone the Translating and Interpreting Service on 13 1450 to speak to an interpreter. Ask them to connect you to Legal Aid Queensland. If you have a hearing impairment, please call TTY on (07) 3238 3023. These are free services.
How do I provide feedback or make a complaint?
Your feedback – complaints, compliments and suggestions – is welcome and we take it seriously.
To make a comment about the service you received from Legal Aid Queensland, you can complete our client feedback form. The form is available from your local Legal Aid office and our website.