Domestic and Family Violence Protection Act 2012
The legislation used to respond to issues of domestic and family violence in Queensland is the Domestic and Family Violence Protection Act 2012.
The purpose of the Act is to protect victims of domestic and family violence whist holding perpetrators responsible for their actions.
The Act allows for a domestic violence order (DVO) to be made to protect a victim from acts of domestic violence by a perpetrator. A DVO is made by a Magistrate after examining facts presented to them. A DVO can be applied for privately by a victim, their solicitor, a support service, or any other person on behalf of the victim at a Magistrates Court, or the Police can make application on behalf of a victim.
The Act provides powers for police to respond to instances of domestic and family violence. If police attend such an incident, they may issue a police protection notice (PPN). If certain conditions exist they may also take the perpetrator, also known as the respondent, into custody and place them in a watch house for up to eight hours. Upon being released, police will either issue the PPN or, hand the perpetrator a copy of an application for a domestic violence order (DVO) with a date for them to appear before a Magistrates Court. There may also be conditions attached to their release which may include not approaching the victim at home or in their workplace.
A victim may be required to be present at a Magistrates Court for a hearing regarding an order. For more information on going to Court visit https://www.courts.qld.gov.au/going-to-court/domestic-violence.
For more information on the domestic and family violence orders visit https://www.qld.gov.au/law/crime-and-police/abuse-family-matters-and-protection-orders/domestic-violence-orders