QLD Applying for Restraining Order Against Overseas Resident?

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mkr

Well-Known Member
11 January 2016
25
1
124
Hi there,

I have a prior partner, a foreign citizen who holds a multiple entry visa to Australia. I recently pushed to separate due to emotional, physical abuse in amongst her pokies addiction. She has made a number of threats towards me, my friends/family and property both overseas and here. I have had a restraining order issued here in the country I am currently living.

My concern is that I have a furnished house, and most of my personal belongings in QLD (that she has no ownership claim to), and that with her still being able to travel to Australia, she may interfere with this home or cause damage or harm. She also has associated and family members in Australia who may do this for her, as well. With the threats I may also need to go here for my own safety.

Can I take out a restraining order against her, even though she is currently residing overseas? How do I do this? I am an Australian citizen.

Regards
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

You can't just take out a restraining order because you think you might be at risk of harm, so you would need to have hard evidence. I'm not sure if it can be done while they are overseas because the threat isn't imminent. You could contact the department of immigration and boarder protection and raise your concerns.

I'm not sure if because you have had a restraining order on them in the past if you can be alerted to their re-entry or if they have a process to report concerns of violence from a visiting immigrant. I don't know what you would do about their in country family.