QLD Can you evict a daughter form your property if she has a DVO against you

[Cabac60]

Afternoon,
My brother's life has been made worse by his daughter and her 3 kids that live in a unit which he built for them on his property. He tried to apply for an eviction order after his wife passed in November but unfortunately the police report just indicated that she was erratic. The only thing the magistrate could agree on is my brother is the sole owner of the property. Between them, they have destroyed his house and unit but under the order he still has to let them into the house to use the bathroom and toilet. She doesn't pay anything and didn't contribute to the building of the unit.
On Friday night he was assaulted in his own home by his grandson who had a knife at the time which he was using to cut into the lounge. The knife wasn't used in the assault but still he is severely shaken. He is afraid that if he provokes her in any way, she will take out a DVO against him which means I think, he can't gain access to his own property. If she did take out the DVO against him (she already has one against her brother), can he take out an Eviction order and have her removed from the property. They are returning to court on the 14th February in which the first order is being mentioned.
I am afraid for him living in those circumstances and the 14th is still weeks away. He is also a 2 hour drive for me which makes getting to him a bit difficult. Any help greatly appreciated.

 

[Rod]

He should apply for an AVO against her ASAP.

If she doesn't move her can evict her at time as she is merely a guest, not a renter. If she fails to leave when asked, he can physically move out her and her property, preferably using security guards with a call to police in advance in case they wish to attend.

 

[Cabac60]

Thanks for your reply Rod. It was the 15 year old that has assaulted my brother, can the DVO be applied to both him and his mother. Apparently she was laughing the whole time. He has much more evidence now so I am hoping the DVO will stick, not a "you naughty lot" from the female Magistrate who doesn't want these poor kids put out on the street.

 

[Rod]

Because kid is <18, apply for AVO against mother and kid.

 

[Scruff]

He has much more evidence now...

I would recommend that he show all of this to a lawyer. These types of things can be tricky at best and sometimes what you think may be solid evidence, can actually work against you. He needs to know what to use and what not to use, what to say and what not to say, etc.

Photos of any damage to property are also a must. Additionally, if a 15yo is running around slicing things up with a knife, then there are serious safety concerns here - which also needs to be brought up and proper advice sought.

This is an extremely serious situation, so he needs to approach it in a way that gives him the best possible chance of getting these people not only off his property, but out of his life altogether.

I would say that proper leagal advice is an absolute must in this case. (Remember "Phil Walsh"? Try Google if you don't recognize the name.)