Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 138

138 Concurrent criminal proceeding

(1) An application under this Act may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.

(2) However, if a person is charged with an offence arising out of conduct on which an application under this Act is based, a reference to any of the following is admissible in the trial of the person for the offence only with the leave of the court—

(a) the existence of the application;

(b) the existence of any proceeding relating to the application;

(c) the making of, or refusal to make, any order relating to the application;

(d) the making of, or refusal to make, any variation of any order relating to the application;

(e) the fact that evidence of a particular nature or content was given in any proceeding relating to the application.

(3) To remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a person does not affect—

(a) any proceeding for an offence against the person arising out of the same conduct; or

(b) any civil liability of the person.

(4) The person may be punished for the offence mentioned in subsection (3) (a) despite any order made against the person under this Act.