Conditions

When a court makes any domestic violence protection order automatically it says that the respondent must be of good behaviour and not commit domestic violence against you, your children and any other people named on the order.

a. that the respondent spouse be of good behaviour towards the aggrieved spouse and not commit domestic violence.

b. that the respondent spouse must be of good behaviour towards any aggrieved relative/s or associate/s and not commit an act of associated domestic violence against the aggrieved relative/s or associate/s.

c. that the respondent spouse does not possess a weapon for the duration of the order.

d. that all weapons licences issued in the name of or in relation to the respondent spouse be cancelled.

If the respondent spouse can show that they will lose their job if they lose their firearms licence the condition relating to firearms c. and d. may be changed to allow restricted access to the firearms. However, even in this situation, if the respondent spouse has ever used any weapon against the Woman they will still lose their licence.

The court can make other conditions such as:

  • No contact either directly or indirectly with the aggrieved spouse and/or associate (unless as specified in a written consent agreement).
  • Not to stalk aggrieved spouse and/or associates.
  • Not to come within (a specified distance) of aggrieved spouse and/or associate.
  • Not to enter within (a specified distance) of aggrieved spouse’s workplace and/or associates’ workplace.
  • Not to enter within (a specified distance) of aggrieved spouse’s residence.
  • Not to enter within (a specified distance) of other places frequented by aggrieved spouse for example shopping centres, schools, homes of associates.
  • Not to commit a specific act of domestic violence.
  • Not to contact or ask someone else (for example, a friend or private investigator) to contact an aggrieved spouse or any aggrieved person.
  • Not to locate or attempt to locate or ask someone else to locate the aggrieved spouse or any aggrieved person.

To vacate residential premises formerly shard with aggrieved spouse. The respondent spouse must be given a period of time in which to collect specific property from the premises. Consideration should be given to whether a police officer should supervise this.

The respondent spouses allow the aggrieved spouse to collect specific property from a specific address on a specific date.

Other. She may have a special request relating to her circumstances, which the court may accept.

In some cases it is possible for the courts to make an ‘ouster’ condition. This means that the court can stop the respondent from coming back to where you live, or remove them from where you live, even if you have both lived together. The court may allow the respondent to return to the residence to get their belongings. This can be supervised by the police.