By Sharon Wong, Creative Sub-Editor
‘(1) A court may make a protection order against a person (the respondent) for the benefit of another person (the aggrieved) if the court is satisfied that–
(a) a relevant relationship exists between the aggrieved and the respondent; and
(b) the respondent has committed domestic violence against the aggrieved; and
(c) the protection order is necessary or desirable to protect the aggrieved from domestic violence.’
– Section 37(1)(C) of the Domestic and Family Violence Protection Act 2012 (QLD)
Whether the court finds it necessary or
finds it desirable,
giving these terms their plain English meaning –
the facts in that case are, of course,
distinguishable from the facts in this case:
necessary: that which is indispensable;
desirable: worthy to be desired;
and whether the court finds it necessary or
finds it desirable,
a relevant relationship existed
and the physical altercation did take place
and domestic violence was committed;
the necessity or desirability must be predicated upon
a finding
that there exists a need to,
protect the aggrieved from domestic violence;
but whether the court finds it necessary or
finds it desirable,
it may also be necessary or desirable to
make an order in order to protect:
having regard; He said
he lost his glasses too when she punched him.
Whether the court finds it necessary or
finds it desirable,
they had taken to reconcile since the incident,
he has encouraged her in her desire, and
they have been to a family therapist,
they have been to a family therapist,
they have been to a family therapist three times –
they had seen a psychologist; and
whether the court finds it necessary or
finds it desirable,
her husband had denied punching her,
they have been to a family therapist three times
they had seen a psychologist
and she adds
“I can’t stop him.”
he had yet to see an individual therapist –
he was still on a waiting list.
Whether the court finds it necessary or
finds it desirable,
the law requires perpetrators of violence be held
accountable, making protection orders,
applying the principle, the principle of paramount importance
that the safety, the protection, the wellbeing
of people who fear domestic violence is
necessary or desirable.
However, a court will not likely find it necessary
or desirable to make a protection order.
I do not intend to punish the respondent.
