Once the Respondent is served with a domestic violence application, the matter will dealt with by a Magistrates Court.
- At the first mention the Respondent has the following options:-Consent to an order being placed upon them for a certain period of time (at which time the Respondent can generally seek that the court note the record that they do not admit any of the matters pleaded in the Application, but they are willing to have an order placed upon them);
- Seek to have the matter set down for a hearing to challenge the allegations made.
Applications can made either by individuals themselves, or by Queensland Police Service on their behalf. Generally, Applications made by the Queensland Police Service are not likely to be withdrawn by the Queensland Police Service, and any such Application made will likely proceed to a full hearing in circumstances where agreement cannot be reached in relation to an order.
If the matter is listed for a hearing the Court has the option of putting in place an order on an interim basis until the final hearing takes place. The Court can also require the parties to attend mediation. As the Court cannot make findings in relation to disputed facts at the initial hearing, the Court will generally err on the side of caution and issue interim orders if requested by the Aggrieved with the grounds shown on the application itself. It is not the Court’s job at that stage to conduct a full hearing, or to test the evidence sought to be led by the Aggrieved.