Do I have to remain living with my domestically violent partner?
For victims of domestic violence, it can be daunting to seek help when residing under one roof. The Domestic Family Violence Protection Act 2012 (Qld) ("the Act") however, sets out that the Court can include an "ouster condition" when making a domestic violence order which requires the Respondent to vacate the property in which both the Aggrieved and the Respondent are residing.
When can the Court make an Ouster Condition?
Section 57 of the Act sets out when the Court can impose other conditions on a Protection Order. By way of summary, the Court must:
- Consider whether imposing any other condition is necessary or desirable to protect the aggrieved or any named from domestic violence;
- Consider whether to impose an ouster condition on the respondent in relation to the Aggrieved's usual place of residence.
The Court must consider the following when deciding to impose an ouster condition on the Respondent :
- Whether the aggrieved and any child living with the aggrieved can continue to live in the residence safely;
- Any views of wishes express by the aggrieved;
- The desirability of preventing or minimising disruption to the aggrieved and any child living with the aggrieved, including by minimising disruption to living arrangements and allowing them to continue, or return, to live in the residence;
- the importance of the aggrieved and any child living with the aggrieved being able to maintain social connections and support that may be disrupted or lost if they cannot live in the residence;
- Ensuring continuity and stability in the care of a child living with the aggrieved;
- the need to allow childcare arrangements, education, training and employment of the aggrieved and any child living with the aggrieved to continue without interruption;
- Any accommodation needs of the aggrieved or any child living with the aggrieved;
- The particular accommodation needs of the Respondent.
How do I apply for an Ouster Condition?
To apply for an Ouster Condition, you must file an Application
for a Protection Order in the Magistrates Court of Australia.
Our team can assist you in preparing an Application for a
Protection Order. if you are experiencing domestic violence. Our
Team is ready to help with any urgent matters if required.
What to expect if an Ouster Condition is made
If an Ouster Condition is made, it is usual for the Respondent to be given the opportunity to return to the residence to recover personal property. In some instances, a return condition may include for the Police to attend with the Respondent at the residence.
If the Court does not include for the Police to attend at the residence, then the Court must set out the time the respondent may return to and leave the premises and for how long the Respondent can remain at the premises. There are different requirements depending on whether the Respondent is present in Court when these Orders are made.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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