Domestic violence is a serious issue that affects thousands of people in Australia every year. If you are a victim of domestic violence or fear for your safety, you may be able to get a restraining order to protect yourself. In this guide, we will explain how to get a restraining order in QLD and what you need to know to stay safe.
What is a restraining order?
A restraining order is a legal document that prohibits someone from contacting or approaching you. It is designed to protect victims of domestic violence, harassment, stalking, or other forms of abuse. A restraining order can be issued by a court and can have various conditions, such as prohibiting the person from coming within a certain distance from you or your home, or from contacting you in any way.
Types of restraining orders
In QLD, there are two types of restraining orders: Domestic Violence Orders (DVOs) and Peace and Good Behaviour Orders (PBOs). DVOs are for victims of domestic violence, while PBOs are for victims of other forms of abuse, such as stalking or harassment. Both types of orders have similar conditions, but DVOs are more specific to domestic violence situations.
Step 1: Get legal advice
The first step in getting a restraining order is to get legal advice. You can speak to a lawyer, a domestic violence support worker, or go to a community legal centre. They can help you understand the process and your legal rights, as well as provide emotional support.
Step 2: Gather evidence
You will need to provide evidence to support your application for a restraining order. This may include police reports, medical records, witness statements, or any other relevant documents. You should also keep a record of any incidents of abuse, including dates, times, and what happened.
Step 3: Fill out an application
You will need to fill out an application form to apply for a restraining order. You can get the form from the Magistrates Court or download it from their website. The form will ask you for details about yourself, the person you want protection from, and the reasons why you need a restraining order.
Step 4: Lodge the application
Once you have filled out the application form, you will need to lodge it with the Magistrates Court. You can do this in person or by mail. You will need to pay a fee to lodge the application, but if you cannot afford it, you can apply for a fee waiver.
Step 5: Attend court
After you have lodged the application, the court will set a date for a hearing. You will need to attend the hearing and present your case to the magistrate. You should bring any evidence you have to support your application, such as police reports or witness statements. The person you are seeking protection from will also be given the opportunity to present their side of the story.
Step 6: The decision
After hearing both sides of the story, the magistrate will make a decision about whether to grant the restraining order. If the order is granted, it will have conditions that the person must follow, such as not contacting you or coming within a certain distance from you or your home. If the person breaches the conditions of the order, they can be charged with a criminal offence.
What to do if you are in immediate danger
If you are in immediate danger, you should call the police or emergency services on 000. They can provide assistance and help you get to a safe place. You can also call the Domestic Violence Hotline on 1800 811 811 or Lifeline on 13 11 14 for support.
Conclusion
Getting a restraining order can be a difficult and emotional process, but it is an important step in protecting yourself from domestic violence or other forms of abuse. If you need help, don't hesitate to reach out to a support service or legal professional. Remember, you have the right to feel safe and protected.
