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Application for Protection Order filed by the Police?
The police have filed an Application for Protection Order naming me as the Aggrieved - what can I do?
In Queensland, the Police can file an Application for Protection Order (commonly referred to as a DVO) against an individual (the 'Respondent'), if they believe that the person has committed domestic violence against another person (the 'Aggrieved'), and that an Order is necessary to protect the Aggrieved from domestic violence occurring in the future.
At times the Aggrieved does not want the Police to file or proceed with the Application. An Aggrieved may not want the Order for a number of reasons including:-
- they do not believe that the Respondent has committed domestic violence against them; or
- they do not believe a Protection Order is necessary to prevent further domestic violence from occurring;
- they want to remain in a relationship and are worried about the strain associated with the Application on the relationship;
- they are being pressured by the Respondent or family not to proceed with the Application.
Below are the answers to some commonly asked questions an Aggrieved may have about a Police Application.
Will the Police withdraw the DVO Application if I tell them I don't want it?
While the Aggrieved's wishes will be taken into account, the Police can still proceed with an Application for Protection Order, even if the Aggrieved does not want the Order in place.
The Police may choose to proceed in circumstances where they consider it necessary to protect the Aggrieved from further domestic violence occurring in the future.
Can I tell the Magistrate I do not want the DVO in place?
Even though the Police are making the Application, the Aggrieved can still attend Court and appear before the Magistrate. On the first Court date, the Magistrate will ask the Respondent what they want to do. The Respondent can:-
- Consent to the Order being made;
- Consent without admission to the Order being made;
- Contest the Application and have the matter set down for Hearing; or
- Request an adjournment.
The Aggrieved will then have the opportunity to tell the Magistrate whether they are supportive of the Order being made.
While the Aggrieved's wishes can be taken into consideration, the Police can still proceed with their Application.
What if I would like a DVO, but I do not want the conditions sought?
The mandatory conditions for a Protection Order are that:-
- The Respondent must be of good behaviour towards the Aggrieved; and
- The Respondent must not commit acts of domestic violence against the Aggrieved.
In some circumstances the Police may apply for additional conditions to be included on a Protection Order, for example that the Respondent is prohibited from contacting the Aggrieved or from going to the Aggrieved's home or place of work.
If the Aggrieved wishes to continue to spend time with the Respondent, but is otherwise supportive of the Protection Order being made, the Police can agree to the inclusion of an exemption clause in the Order, for example that the Respondent is prohibited from contacting the Aggrieved except with the written consent of the Aggrieved.
If you would like more information about your rights and obligations, either as a Respondent or an Aggrieved to an Application for Protection Order, contact our office to make an appointment today on 07 4963 2000 or via our online contact form.