Queensland domestic violence legislation
Legislation
The Domestic and Family Violence Protection Act 1989 aims to provide safety and protection for people in domestic relationships who are victims of domestic and family violence.
The Act defines domestic relationships as spousal relationships, intimate personal relationships, family relationships and informal care relationships.
Women are the victims of domestic and family violence in the majority of cases, however, men can also be victims.
The Act provides protection to those people experiencing domestic and family violence by allowing a Court to make a domestic violence order. The domestic violence order aims to prevent domestic and family violence occurring within a domestic relationship by restricting the behaviour of the person committing the abuse (the respondent).
The Act recognises that some people may not want to end their relationship but just want the violence to stop. This means that the person seeking protection and the person who committed the abuse can continue to have contact with each other and live in the same household if that is what they both want.
More information on the Act can be found in the department's booklet Legislation: The Domestic and Family Violence Protection Act 1989 and copies of the Domestic and Family Violence Protection Act 1989 can be obtained from The Government Bookshop or at www.legislation.qld.gov.au.
What are domestic relationships under the Act?
- Spousal relationships:
people who are married, separated or divorced; biological parents of a child; or two people of the same or opposite sex who are living together or have previously lived together as a couple.
- Intimate personal relationships:
people who are or were engaged to be married to each other including a betrothal under cultural or religious tradition. It also includes people who are or were previously dating and whose lives have become enmeshed.
The circumstances of the relationship include, for example:
- trust and commitment
- the length of time for which the relationship has existed or did exist
- the frequency of contact between the persons
- the level of intimacy between the persons will be considered to decide whether an intimate personal relationship exists.
- Family relationships:
people who are relatives of each other by blood or marriage such as a grandparent, aunt, uncle, step-parent, sibling, cousin or child (18 years and over). The relatives of those who are in or have been in a defacto relationship are included.
A relative also includes a person it is reasonable to regard as a relative. This is considering that for some people the concept of a relative may be wider such as for Aboriginal people, Torres Strait Islanders, members of certain non-English speaking background communities, and people with particular religious beliefs.
- Informal care relationships:
people where one person is or was dependent on another person (a carer) who helps the person in an activity of daily living (personal care activities). This may include dressing, preparing meals or shopping. The personal care must be required because of a disability, illness or impairment. The care must be provided in an informal way and not involve the payment of a fee or care as part of an arrangement, for example in-home care nurses.
A fee does not include a pension or allowance in the carer's own name from the Commonwealth Government.
A fee does not include a pension or allowance in the carer's own name from the Commonwealth Government.
Last updated: 02 July 2008.
About the Domestic and Family Violence Protection Act 1989