domestic and family violence protection act 2012

This file last saved 11 August, 2019 12:22

new definitions, summons abolished

  1. Technical Bulletin 4/12 expands the relevant relationships as noted under, and abolishes the summons.
  2. If the applicant for a Protection Order is not a police officer, then the applicant must sign a statutory declaration in the presence of a JP, CDec or Solicitor. This is the only involvement of JPs and CDecs under the Act.
  3. When the application is witnessed, it must be filed by the applicant into the court, as soon as practical. The Clerk of the Court will warite on the application the date, time and place for the hearing.

    4. making an application under the act

  4. People apply for protection orders under the Act to put a stop to violence that they or a person close to them has been subjected to.
  5. The applicant may be:
    1. the aggrieved;
    2. an authorised person ie, someone who has been authorised, in writing, by the aggrieved to act on his or her behalf;
    3. a police officer, acting on behalf of the aggrieved; or
    4. a person acting under another Act.
  6. The respondent may be a person in any of the following relationships:
    1. Spousal relationship:
      1. married;
      2. married/separated;
      3. divorced;
      4. reside together as a couple;
      5. have resided together as a couple;
      6. either one of the biological parents of a child of the relationship.
    2. Intimate personal relationship:
      An intimate personal relationship includes those people who are or were married to each other, including a betrothal under cultural or religious tradition. it also includes people who are or were previously dating and whose lives have become enmeshed. The relationship does not have to be of a sexual nature. It includes relationships between people of the same and opposite sex.
      1. engaged or were engaged;
      2. betrothed or were betrothed;
      3. dating or have dated.
    3. Family relationship:
      A family relationship includes those people who are relatives by blood or marriage, eg sibling, grandparent, aunt, nephew, adult child (18 years and over), stepchild, parent, cousin;
      1. a person regarded as a relative;
      2. a person whom the relative person regards or regarded as a relative;
      3. a person who regards himself or herself as a relative.
    4. Informal care relationship:
      An informal care relationship is one where a person is or was dependant on another person (a carer) who helps the person in an activity of daily living. the personal care must be required because of a disability, illness or impairment. The help must also be provided in an informal way and not involve the payment of a fee or are provided as part of an arrangement.

    definition of domestic violence

  7. Under the Act, domestic violence includes:
    1. wilful injury;
    2. wilful damagae to the other person's property;
    3. intimidation and harassment;
    4. indecent behaviour to the other person without consent;
    5. a threat to commit any of the above acts;
    6. getting another person to commit any of the above acts.

    procedural steps

  8. To process the document:
    1. Identify the applicant.
    2. Warn the applicant of the penalties for perjury and have them complete the Statutory Declaration.
    3. Advise the applicant that the document should be lodged with the court as soon as practicable.

    References

    1. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - Jun 2017 Section 4.4
    2. Technical Bulletin(s) as above.