Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 37

37 When court may make protection order

(1) A court may make a protection order against a person (the
"respondent" ) for the benefit of another person (the
"aggrieved" ) if the court is satisfied that—

(a) a relevant relationship exists between the aggrieved and the respondent; and

(b) the respondent has committed domestic violence against the aggrieved; and

Note—

See the examples of the type of behaviour that constitutes domestic violence in sections 8 , 11 and 12 , which define the terms
"domestic violence" ,
"emotional or psychological abuse" and
"economic abuse" .

(c) the protection order is necessary or desirable to protect the aggrieved from domestic violence.

(2) In deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence—

(a) the court must consider—

(i) the principles mentioned in section 4 ; and

(ii) if an intervention order has previously been made against the respondent and the respondent has failed to comply with the order—the respondent’s failure to comply with the order; and

(iii) the respondent’s criminal history and domestic violence history filed in or given to the court under section 36A ; and

(b) if an intervention order has previously been made against the respondent and the respondent has complied with the order—the court may consider the respondent’s compliance with the order.

(3) However, the court must not refuse to make a protection order merely because the respondent has complied with an intervention order previously made against the respondent.

(4) If an application for a protection order names more than 1 respondent, the court may make a domestic violence order or domestic violence orders naming 1, some or all of the respondents, as the court considers appropriate.

(5) If the court decides to make a protection order against the respondent, the court must consider the appropriate period for which the order is to continue in force.

Note—

See section 97 for matters to be considered when deciding the period for which a protection order is to continue in force.

(6) This section applies subject to section 41G .