Try to seek legal advice if you think you might have a legal problem, especially before going to Court. Call Legal Aid Queensland on 1300 65 11 88.
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 deport you and your children, threats to hurt or kill your pet)
- Damage to your property or threats to damage your property
In Australia 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 65 11 88 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.
- You can apply to DIMIA to remain in Australia in your own right.
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, Legal Aid Queensland offi ce or a private solicitor.
Can I leave the home that I share with my partner?
In Australia 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 parents still have responsibilities and obligations for their 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 parent.
What if my partner says I will never see my children again if I leave?
This is not true. Both parents are responsible for raising their children, provided it is in the best interests of the child.
If you do not agree with your partner about the arrangements for the children after separation, you can ask for help from Legal Aid Queensland or a community organisation for you and your former partner to come to an agreement about the parenting arrangements for your children, or apply to a Court to 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 for 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, eg: washing machine, beds and linen, pots and pans, crockery and children's toys.
You should also try to take with you documents of importance to you and your children, eg: passports, birth and marriage certifi cates, citizenship papers, tax file 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.
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.
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 fi nd out what benefi t you may be entitled to on 13 28 50 or 13 61 50. If you cannot speak English contact the Centrelink Multilingual Service on 13 12 02.
- You should contact the Child Support Agency on 13 12 72 to fi nd out whether you can get money from your partner to help pay for the cost of raising your children.
- To fi nd out whether you may be entitled to other money from your former partner you should seek legal advice. Contact Legal Aid Queensland on 1300 65 11 88.
My partner says I will be deported if I leave… is that true?
Your partner cannot have you deported, but may contact the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) to notify them of your change of circumstances (separation) and DIMIA may then review your situation. Any decisions about your migration status will be made by DIMIA and not your partner.
A threat by your partner to have you deported often occurs with other forms of abuse and intimidation or control.
It may mean you are experiencing domestic violence.
If you leave your partner and have experienced domestic violence you can apply to DIMIA to remain in Australia in your own right.
For further information contact:
- Legal Aid Queensland on 1300 65 11 88 or
- South Brisbane Immigration and Community Legal Service on (07) 3846 3189 or
- Immigrant Women's Support Service on (07) 3846 3490
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 refuge.
You can also call 1800 811 811 for refuge accommodation.
Remember:
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 65 11 88 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 fi nd someone to assist you.