Queensland Consolidated Acts Queensland Consolidated Acts(1) If a court was to have exercised a power under section 22 and did not do so, the court is taken to have done so.
Example--
If a court does not include in a domestic violence order the conditions mentioned in section 22, the order is taken to include the conditions.
(2) When a court makes or varies a domestic violence order, it may also impose conditions on the respondent that the court considers--
(a) necessary in the circumstances; and
(b) desirable in the interests of the aggrieved, any named person and the respondent.
(3) The conditions the court may impose on a respondent include, for example--
(a) prohibiting stated behaviour of the respondent that would constitute an act of domestic violence against the aggrieved or an act of associated domestic violence against a named person; and
(b) prohibiting the respondent from doing all or any of the following in relation to stated premises even though the respondent has a legal or equitable interest in the premises--
(i) remaining at the premises;
(ii) entering or attempting to enter the premises;
(iii) approaching within a stated distance of the premises; and
(c) prohibiting the respondent from approaching, or attempting to approach, the aggrieved or a named person, including stating in the order a distance within which an approach is prohibited; and
(d) prohibiting the respondent from contacting, attempting to contact or asking someone else to contact the aggrieved or a named person, including, for example, if the aggrieved or named person has taken shelter at a refuge; and
(e) prohibiting the respondent from locating, attempting to locate or asking someone else to locate the aggrieved or a named person if the aggrieved's or named person's whereabouts are not known to the respondent; and
(f) prohibiting stated conduct of the respondent towards a child of the aggrieved, including prohibiting the respondent's presence at or in a place associated with the child.
(4) In relation to property of the aggrieved, a condition may require the respondent--
(a) to return the property to the aggrieved; or
(b) to allow the aggrieved access to the property; or
(c) to allow the aggrieved to recover the property; or
(d) to do any act necessary or desirable to facilitate action mentioned in paragraphs (a) to (c).
(5) The following matters are to be of paramount importance to the court when it imposes conditions on the respondent--
(a) the need to protect the aggrieved and any named persons;
(b) the welfare of a child of the aggrieved.
(6) The court may also consider--
(a) the accommodation needs of all persons affected by the proceedings; and
(b) the order's effect on a child of the aggrieved; and
(c) existing orders relating to guardianship or custody of, or access to, a child of the aggrieved.
(7) A condition in an order that prohibits a respondent from asking someone else to contact or to locate an aggrieved or a named person does not prohibit the respondent asking--
(a) someone else who is a lawyer to contact the aggrieved or named person; or
(b) someone else, including a lawyer, to locate the aggrieved or named person for a purpose authorised by an Act.