Byline: Carolyn Devries, New Way Lawyers CEO
WE NOW reach the halfway point in our series about domestic violence myths.
Myth 4: A domestic violence order only protects against
A DOMESTIC violence order protects the victim of domestic violence by restraining the behaviour of the perpetrator.
Section 54 of the Domestic and Family Violence Protection Act 2012 Qld provides for certain mandatory conditions to be included in all domestic violence orders.
These mandatory conditions are that the perpetrator must be of good behaviour and must not commit domestic violence towards the victim.
In circumstances where another adult is named on the domestic violence order, the perpetrator must also be of good behaviour and not commit associated domestic violence against that person.
If a child is named on the domestic violence order, then the perpetrator must be of good behaviour and not commit associated domestic violence or expose the child to domestic violence.
In addition to the mandatory conditions, a domestic violence order can also include extra conditions if the court considers it necessary and desirable to protect the victim or a named person.
Examples of the types of additional conditions that can be included are:
prohibiting the perpetrator from approaching, contacting or locating the victim or a named person, or attempting to do any of these things;
prohibiting the perpetrator from being present at a certain location where the victim or a named person may be present or attend frequently (eg a workplace, school or kindergarten);