What Conditions Will A Domestic Violence Order Impose?
Domestic Violence Orders contain conditions that place limitations:
- on a Respondent’s behaviours and actions; and
- the nature of their contact with an Aggrieved.
It Is A Criminal Offence to Breach A Condition on A Domestic Violence Order
These conditions are an Order of the Court which the Respondent must follow. If the Respondent breaches a condition, they will have committed a criminal offence.
Standard Conditions
In Queensland, every Domestic Violence Order must contain general or “standard” conditions. These are that the Respondent must:
- be of good behaviour towards the Aggrieved; and
- not commit domestic violence against the Aggrieved.
These conditions are also able to protect any other person named in the Order, such as:
- children; or
- other relatives;
if there have been allegations or actions of domestic violence:
- towards them; or
- around them.
Further Conditions
The Magistrate can impose other conditions at their discretion. These may be to regulate the Respondent’s behaviour and contact with the Aggrieved.
Further conditions may include that the Respondent:
- not approach or attempt to approach within 100 metres of the Aggrieved;
- not approach or attempt to approach places the Aggrieved frequents, such as:
- their home; or
- workplace;
- not contact the Aggrieved directly or indirectly. This will include asking someone else to contact the Aggrieved;
- not locate or ask someone else to locate the Aggrieved; and/or
- not mention the Aggrieved on social media.
Ouster Condition
If the Aggrieved and Respondent live together, the Court can make an “ouster condition“.
An ouster condition is an Order for the Respondent to leave a joint residency.
If the Court makes this condition, the Respondent must leave the house, even if they are on the lease or mortgage.
Conditions Must Be Necessary or Desirable
Conditions must be “necessary or desirable” to protect the Aggrieved from domestic violence.
The Magistrate must consider this when deciding:
- what conditions; and
- how many conditions;
to include on the Order.
Applying to Vary the Conditions of a Domestic Violence Order
If circumstances change after the Court makes an Order in final form, either:
- the Respondent; or
- the Aggrieved
can apply to the Court to vary the Domestic Violence Order.
Either party can make an application to add or remove conditions. Upon hearing the application, the Magistrate will decide whether to:
- add; or
- remove;
the requested conditions.
How to Contact A Domestic Violence Lawyer
If you are an Aggrieved or Respondent to a Domestic Violence Order, our lawyers can explain:
- the conditions of the Order; and
- the consequences and implications each might have;
and represent you in Court about your domestic violence matter.
Call Aitken Whyte Lawyers Brisbane on 07 3229 4459 to speak to a domestic violence lawyer.
Further Information
Our lawyers have also answered some common questions below.
What Is Domestic Violence in Australia?
Who Can Apply for A Domestic Violence Order?
Who Is the Aggrieved and Who Is the Respondent? Who Else Can the Order Include?
When Will the Court Grant an Application for A Domestic Violence Order?
How Can Aitken Whyte Lawyers Represent You?
What Options Does A Respondent to An Application for A Domestic Violence Order Have?
What Is A Temporary Protection Order (TPO)?
How Long Does A Domestic Violence Order Last?
Can You Apply to Vary A Domestic Violence Order?
What Happens If You Breach A Domestic Violence Order?
What If You Have Family Court Orders or Proceedings Before the Family Law Courts?
Will A Domestic Violence Order Revoke Your Weapons Licence?
Should You Consider Written Parenting Arrangements?
What Is the Offence of Choking, Suffocation, Or Strangulation in A Domestic Setting?
