Domestic and family violence
New court rules will apply to Domestic and Family Violence Protection Act 2012 (‘the Act’) proceedings (except for appeals) from 28 February 2015.
The Domestic and Family Violence Protection Rules 2014 (‘the Rules’) are available online.
The new Rules cover practices and procedures including directions, subpoenas, litigation guardians, how a court may receive evidence, withdrawal of applications and (should costs be awarded) a scale of costs.
The following forms have been updated:
- Form DV21 Affidavit of Service (now Affidavit of Personal Service)
- Form DV22A Request for Subpoena
- Form DV22 Subpoena
The following new forms are available:
- Form DV25 Affidavit
- Form DV26 Notice of Change of Address for Service
- Form DV27 Application to Withdraw
- Form DV29 Consent of Litigation Guardian
- Form DV30 Notice of Filing of Media Exhibit
- Form DV32 Application to Inspect and Copy Subpoenaed Document
- Form DV34 Request to Inspect and/or Copy Document
What is domestic violence?
Domestic violence is:
- physical or sexual abuse
- emotional or psychological abuse
- economic abuse
- threatening behaviour
- coercive behaviour or
- behaviour that in any way controls or dominates or causes a person to fear for their personal safety or wellbeing.
by one person towards another person with whom they are in a relationship.
What relationships are covered?
Relationships covered under the Domestic and Family Violence Protection Act 2012 are:
Intimate Personal Relationship|
(can include a same sex relationship)
|Engagement relationship||Two people who are or were engaged to be married including a betrothal under cultural or religious tradition|
Two people who have or had a relationship as a couple. In deciding whether a couple relationship exists, a court may have regard to the following:
|Family relationship||Exists between two people if one of them is or was the relative of the other||A relative of a person is someone who is ordinarily understood to be or to have been connected to the person by blood or marriage. A relative of an aggrieved is also a person who is regarded as a relative. This incorporates people who may have a wider concept of a relative e.g. Aboriginal and Torres Strait Islander people or people with particular religious beliefs. Children under 18 years of age cannot be named as a respondent or aggrieved under the family relationship.|
|Informal care relationship||Where one person is dependent on another for help in their daily living activities (including dressing, preparing meals or shopping)||An informal care relationship does not exist between a child and a parent of a child; or where there is a commercial arrangement where a fee is paid.|
What is a domestic violence order?
A domestic violence order is a civil order made by a court that imposes conditions to protect a person from future domestic violence.
A domestic violence order can either be a protection order or a temporary protection order.
A protection order is a final long term order that a person must not commit domestic violence against any person named in the order. The court can also impose other conditions in the order, for example, staying away from the aggrieved person’s home or workplace.
Before a protection order is made, the court may make a temporary protection order which is a short term order that is in force until a final decision is made by the court. A temporary protection order may be made against a respondent before they become aware that an application has been filed at the court.
Further information and resources
The Department of Communities has published information relating to domestic and family violence on their website. This information includes a booklet ‘Legislation Explained', a training kit for organisations, information about domestic violence orders and a range of factsheets.
Legal Aid Queensland (LAQ) has published a guide and factsheet to assist those who have experienced domestic or family violence and want to obtain a domestic violence order. LAQ have also published a factsheet to assist those who have an application for a protection order made against them. This information can be obtained from LAQ's website.