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QLD Possible to Apply for Interstate Domestic Violence Order?

Discussion in 'Family Law Forum' started by Kate24, 18 August 2016.

  1. Kate24

    Kate24 Member

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    Hi there,

    Just wondering if someone could give me some information.

    I stopped contact with my mother last year due to emotional and psychological abuse which stems back to when I was a child. I have taken steps to block contact from her but she finds new ways to contact me online.

    She lives in New Zealand, I live in Queensland.

    I have been trying to research Domestic Violence Orders and discovered the interstate protection order which apparently covers all states, territories, and New Zealand.

    Is it possible to apply for this domestic violence order? Will this prevent her from contacting me? Are there other options I could try?

    Thanks,
     
  2. AllForHer

    AllForHer Well-Known Member

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    So, in Australia, domestic violence orders are made by state jurisdictions, meaning they only have applicability in each state. When they talk about interstate protection orders, what they're saying is that a domestic violence order can be registered in a state to which you are relocating so the relevant authorities in that state can enforce it as well. I'm not entirely sure on this, but it's my understanding that since you're not relocating to New Zealand, you're unlikely able to have such an order registered in New Zealand.

    In any case, an order registered interstate does not give Queensland police jurisdiction to arrest someone in New Zealand for an alleged breach of a domestic violence order. I believe they can issue a warrant for her arrest in the event she travels to Queensland, but beyond that, I don't believe they will have a great deal of enforcement power against your mother if she resides in New Zealand and you in Queensland.

    In short, in theory, a domestic violence order would be intended to prevent her from contacting you, but with limited capacity to actually enforce the order, I don't see that it actually would prevent her from contacting you.

    I do think you should call your local police station for information about this, though - they can give you a better idea of what avenues are available to you.
     
  3. Kate24

    Kate24 Member

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    Thank you for taking the time to respond it's much appreciated.

    Okay so that makes sense, I will contact QLD police and see what they can advise.

    Thank you!
     
  4. sammy01

    sammy01 Well-Known Member

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    I hope not. AVO are intended to prevent acts of violence. As someone who has had a vindictive ex take and AVO against me to gain advantage in family court I sincerely hope that the cops wont place an avo on someone who has not threatened violence and more importantly lives to far away to actually do anything.

    If she knows your address move. Change your phone number. Do not have a profile on facebook and be active in protecting yourself
     
  5. Kate24

    Kate24 Member

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    Cool. Yup, Thanks.
     

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