Protection Orders
CABOOLTURE
REGIONAL DOMESTIC VIOLENCE
SERVICE  INC.

I DIDN’T KNOW THAT WAS VIOLENCE
The Caboolture Regional Domestic Violence Service Inc. aims to assist those affected by Domestic & Family Violence in a safe, supportive environment.

Our counsellors do not advise, but endeavour, through counselling and provision of information to empower clients to be aware of their options enabling them to make informed choices.

What is Domestic & Family Violence?

Domestic& Family Violence is any of the following acts that a person committed against another person

  • Injures or threatens to injure the other
  • Damages or threatens to damage their property
  • Uses words or actions to intimidate or harass them
  • Behaves indecently to them without their consent

WHO CAN APPLY FOR A DOMESTIC VIOLENCE ORDER?

An application for a domestic violence order may be made by:

  • The aggrieved (the person who has experienced domestic violence)
  • An authorized person
  • An adult authorized in writing by the aggrieved such as a friend, carer, relative or community worker
  • An adult whom the Court believes is authorized by the aggrieved even though the authority is not in writing, for e.g.… if the aggrieved has a physical disability that prevents this.
  • A police officer
  • A guardian for a personal matter of the aggrieved, or an administrator for a financial matter of the aggrieved , under the Guardianship and Administration Act 2000
  • The adult guardian and considers the aggrieved does not have the capacity to make the application for protection orders: or
  • A person appointed as the aggrieved’s attorney under the Powers of Attorney Act 1998 and the person makes the application under the enduring power of attorney
WHAT DOES IT MEAN TO HAVE A PROTECTION ORDER

The protection order is designed to prevent further violence and abuse, not to break up marriages or relationships.

“Respondent” is the person against whom the Protection Order is taken out.

“Aggrieved” is the person who the Protection Order is designed to protect.

 

AGGRIEVED

Read the order and understand the conditions which may include:

The respondent must be of good behaviour towards the aggrieved and not commit domestic or family violence-means the respondent cannot physically or verbally abuse you or threaten to abuse you or damage your property. NO CONTACT—means the respondent cannot phone you, speak with you, follow you or go where they know you will be.

YOU MUST OBEY THE ORDER.

If a condition of your order is NO CONTACT you cannot contact the respondent. If you later decide you want to meet with the respondent, you MUST go back to court to have the order changed. Other conditions may appear on the order. Seek advice if you do not understand the conditions.

IF THE RESPONDENT BREACHES THE ORDER, YOU SHOULD IMMEDIATELY ADVISE THE POLICE.

The police will investigate and if it can be proved that respondent breached the order they will be charged with a criminal offence. To assist police to prove a breach, give them any diary you keep of ongoing incidents of domestic or family violence, tape recordings of abusive telephone messages and the names of family, friends and neighbors who have witnessed breaches by the respondent. It is important to keep your Protection Order on you at all times. Also keep copies at places you frequent. The respondent may be quite sincere when they promise it will never happen again. Unfortunately, most who are violent find that they cannot keep promises without professional assistance to end the violence

RESPONDENTS

Read the order and understand the conditions which may include:

The respondent must be good behaviour towards the Aggrieved and not commit domestic or family violence—means you cannot physically or verbally abuse or threaten to abuse the aggrieved or damage property. MUST NOT posses a weapon, e.g. a firearm or other instruments which you may have previously used as a weapon. NO CONTACT—means you are not to phone or speak to the aggrieved, follow or go where you know the aggrieved will be e.g. workplace, school, church or gym.

EVEN IF THE AGGRIEVED INVITES YOU TO HAVE

CONTACT, IF YOU DO SO YOU WILL BE BREACHING THE ORDER.

Other conditions may appear on the order. Seek advice if you do not understand any of the conditions. A Protection Order does not give you a criminal record unless you breach the Order. If an Order is breached the police may investigate. If it can be proved you breached the order, you will be charged with a

criminal offence.

If this happens CALL 1300651188 or see a Duty Lawyer for assistance or representation. If you do not agree with any of the conditions on the Order, you can appeal to the court

If your violence is hurting others, there are confidential services which can help you to end the violence and support you through changing your behaviour