A domestic violence order restricts the behaviour of the respondent towards the aggrieved and other people who are named on the order.
There are certain conditions that must be included in all domestic violence orders. These conditions are described as ‘standard conditions’ (s 56 DFVP Act). The standard conditions are that the respondent:
- be of good behaviour and must not commit domestic violence or associated domestic violence towards the aggrieved
- be of good behaviour towards any adult named person
- not commit associated domestic violence against any adult named person
- be of good behaviour towards a named child
- not commit associated domestic violence against the named child
- not expose the child to domestic violence.
In addition to the standard conditions, the court can impose extra conditions that it considers necessary in the circumstances and desirable in the interests of the aggrieved, named persons or the respondent themselves. The court must consider whether to impose an ouster condition on the respondent in relation to the aggrieved’s usual place of residence. The principle of paramount importance to the court must be the safety, protection and wellbeing of people who fear or experience domestic violence, including children (s 57(2), 57(3) DFVP Act)
Examples of the types of the conditions that can be included in a domestic violence order are (according to the DFVP Act):
- prohibiting the respondent from approaching, contacting or locating the aggrieved or attempting to do any of these things
- prohibiting the respondent from being present at a place associated with a child (e.g. a school or kindergarten) (s 58)
- requiring the respondent to return property to the aggrieved or allowing the aggrieved to recover their property and/or to access their home to recover their property (s 58)
- prohibiting the respondent from remaining at or entering or attempting to enter stated premises. This can include premises that the respondent has a legal or equitable interest in (an ouster condition), where the aggrieved or respondent live together or previously lived together and where the aggrieved or a named person lives, works or goes to frequently (ss 63–65).
If a domestic violence order is made, the respondent is not permitted to possess a weapon or a weapon’s licence under the Weapons Act 1990 (Qld). The domestic violence order will inform the respondent that their licence has been revoked and provide information about the surrender of their weapons (pt 3 div 8 DFVP Act). This also applies to respondents who work with weapons such as police officers and defence force personnel.
A weapon includes a firearm, martial arts weapon or knuckle-duster. It also includes anything that the respondent has used or threatened to use in committing an act of domestic violence against the aggrieved such as a cross bow, a spear gun, a dog or a baseball bat, and the court may prohibit the respondent from possessing such an item during the length of the order (s 81 DFVP Act).