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Location and Purpose of the Court
In Queensland, protection orders, also referred to as domestic violence orders, are court orders
made with cond ...
Location and Purpose of the Court
In Queensland, protection orders, also referred to as domestic violence orders, are court orders
made with conditions meant to prevent aviolence victim from experiencing future domestic or
family violence. The orders are made pursuant to the Domestic and Family Violence Protection
Act 2012 with certain circumstances borrowing the application of the Queensland Criminal
Code (Douglas & Fitzgerald, 2018) .The protection order is to be issued through the authority of
Brisbane District Court located in QEII Courts of Law Complex, 415 George Street, Brisbane
Qld 4000. Upon listening to the defences set forth by the conflicting parties in the magistrate
court, the judge makes aprotection order against the convicted person for the family or domestic
violence offence. The law confined in the Act mentioned above enables the court to imply
certain conditions in the protection order. The offender's acts must be in accordance with the
order conditions; hence itprimarily aims at stopping the occurrence of domestic violence,
thereby maximizing the safety of persons subject to domestic violence (Fitzgerald & Douglas,
2020) .Also, the laws ensure that the perpetrator is held accountable for their offensive act or
behaviour. Besides, the order prohibits the offender from enlisting the help of another party to
commit any such act. It prohibits the respondent from entering aresidence shared with the victim,
the victim ’splace of residence or engaging in an act mentioned in the order that would
preferably cause harm to the complainant (Christie, 2016) .
Process for obtaining the protection order
The complainant must undertake specific processes in their quest to obtain the order. In the
process of getting the order, she will initially make areport to the nearby police station
complaining of the abuse she has been receiving from the partner (Douglas, 2018b) .This is
followed by making the application for the protection order by themselves or engaging apolice
officer, solicitor or authorized person like afriend, relative or community/welfare worker in
making the application. In asimilar aspect, Iplay the role of persons chosen by the complainant
in facilitating the application. The application is made in DVI and is to be completed by filling
the form online through the Queensland Courts website (Nancarrow et al., 2020) .The form is
typically in the pdf version and must be printed in four copies after being completed. The
application can equally be made by printing acopy and handwriting itor obtaining the copy from
the Brisbane magistrate court. The preliminary stages of application stipulate that the respondent
must be served with acopy of the complainant ’sapplication. The complainant must not
necessarily serve the respondent with the application by themselves (Nancarrow, 2019) .Instead,
the court registry staff issues acopy of the application to the Queensland police service, which
then must ensure that the respondent is served with the application. The form has various
sections, each having its requirements. For instance, the grounds for protection section make it
vital for the complainant to show that domestic violence has occurred before making aprotection
order. The relationship between the aggrieved and respondent sets the relevant relationship
between the complainant and the respondent (Douglas, 2018a) .
After completing the application form, the form has to be certified. To certify the form, the
complainant has to an oath before the commissioner of oaths swearing that she understands
everything she incorporated. This is to be done at the court by the magistrate. Once the
application form has been certified, the complainant takes itto the court clerk, who fills out
another form referred to as the Interim Protection Order. The clerk further sets out areturn date
when the final protection order is to be considered. Both forms are handed over to the magistrate
by the clerk, awaiting signing, and the interim protection order may be granted.
Once the court grants the interim order, acopy will be issued to the complainant while another is
served on the abuser by the police or by the sheriff. The complainant may incur certain charges
when served by the sheriff while itis accessible when served by the police. Whoever serves the
order has an obligation to give the court clerk a"return of service" document confirming that the
interim order has been served, including the date when itwas served. The clerk then provides a
certified copy of the interim order and warrant for the arrest of the abuser to the complainant.
The warrant becomes effective when the abuser breaks conditions codified in the interim
protection order. Equally, the court may fail to issue an interim protection order and instead give
anotice to be served to the perpetrator. The notice warns the abuser to appear before the court on
aspecified date and defend themselves why aprotection order should not be imposed against
them (MacDowell, 2015) .
The final protection order will be granted on the return date. The order is only issued when the
perpetrator fails to oppose the order or when he is not present, yet the court has proof that an
interim order or notice was served. The order may also be granted when all the parties are absent,
yet the court has proof that the interim order was served (Douglas, 2015) .
Support to aclient when seeking aprotection order
When ithas been established that aprotection order would be adequate for the domestic violence
victim and the social worker, there might be issues relating to the victim ’ssafety, especially
during the visitation and exchange. In such acontext, the social worker should document the
issues of concern and submit them to the court. Nonetheless, the social worker may help
document issues relating to child safety and submit them as recommended by the court. A social
worker plays asignificant role in dependency proceedings as they may request the court to issue
an order that prohibits the perpetrator from entering the family home. The order may also restrain
the perpetrator from committing further acts of physical violence or initiating contact with the
domestic violence victim. The social worker can support the domestic violence victim in filing
the protection order motion upon which the social worker provides the following information to
the court. She mentions the level and type of danger the perpetrator poses to his children and
recommends the appropriateness of the perpetrator to have access to the children. Additionally,
she will recommend whether visitation can safely occur and whether itshould be supervised or
unsupervised (Judd et al., 2017) .
Preparation to appear as awitness and produce documents after receiving asubpoena
In preparation for the issuance of the file notes, the social worker must obtain awritten consent
from the client allowing her to discuss the subpoena with the client ’sattorney hence providing
the attorney with acomplete set of the subpoenaed documents or those which the client prefers
that the attorney should review. On the contrary, no information should be issued to the attorney
if the client has not consented to release information. Of essence, the social worker should be
guided by the Code of Ethics whether itwould be right to breach the client ’sright to
confidentiality. Upon understanding what is required and what the client permits to be given, the
social worker can contact the issuing party and arrange for aconvenient place and time for
compliance. When the requested material is privileged, the social worker can object to the
subpoena through written objections demanding aprotective order.
Additionally, she can file amotion to modify or quash the subpoena in the event that
procedurally improper. This implies that there can be no gain of information by the issuing party
without the court order. The social worker must attend the trial in either way as requested by the
Often, before awitness appears before the court, they must be prepared to give testimony by a
junior lawyer. The social worker should request from the attorney an outline of topics that focus
on points to be established in direct testimony. The social worker must practice with the attorney
while answering different questions brought for thin preparation for testimony. They should
severally run through the entire examination, starting with the swearing into the closing
questions. Further, there should be clarity to the witness when they may face objections instead
of the witness reacting to the objections. Communication proves to be essential in the entire
Some of the significant ethical issues Imay face include receiving gifts from either party. Once
the respondent identifies that Iam involved in the case as awitness, he will preferably attempt to
lure me with gifts, thus prompting me to give false witness of his acts. Similarly, my client may
be compelled to induce gifts into our relationship in an attempt to induce me to give false
witnesses against the respondent. Integrity should remain part and parcel of my life as a
professional. Ishall therefore consult the National Association of Social Workers (NASW) Code
of ethics in making decisions hence rejecting the gifts. The second issue entails abreach of
confidentiality. My client may have refused that the subpoena for production should not be
effected due to confidentiality of certain information, especially after Ihave consulted with her
about whether to produce the file notes. As such, the documents must just be produced even
when the client has refused; hence will make her have aview on me to have breached her
confidentiality. The ethical value, in this case, entails integrity which makes itnecessary for a
social worker to behave in atrustworthy manner. Iwill have to review the federal laws about the
disclosure of information in case of subpoena. My decision should not only be ethically sound
but should be legally accepted (Zengin, 2018) .
Thirdly, the client may attempt to interact with me on social media, like sending afriend request
on Facebook. The client may feel personally rejected when Ifail to accept her as afriend.
However, professional practice makes the interaction between asocial worker and the client
remain within the confines of their work. Hence, an outside relationship is not acceptable. I
would seek supervision thereby guiding me in whichever move Itake concerning my
work (Reamer, 2018) .
Christie, S. (2016). DVOs and family law orders: Resolving conflicts in their relationship.
PROCTOR ,36 (2), 14 –16.
Douglas, H. (2015). Do we need aspecific domestic violence offence. Melb. UL Rev. ,39 ,434.
Douglas, H. (2018a). Domestic and family violence, mental health and well-being, and legal
engagement. Psychiatry, Psychology and Law ,25 (3), 341 –356.
Douglas, H. (2018b). Domestic violence protection orders and their role in ensuring personal
security. In Intimate Partner Violence, Risk and Security (pp. 216 –232). Routledge.
Douglas, H., & Fitzgerald, R. (2018). The domestic violence protection order system as entry to
the criminal justice system for Aboriginal and Torres Strait Islander people. International
Journal for Crime, Justice and Social Democracy ,7(3), 41.
Fitzgerald, R., & Douglas, H. (2020). The whole story: The dilemma of the domestic violence
protection order narrative. The British Journal of Criminology ,60 (1), 180 –197.
Judd, M. J., Dorozenko, K. P., & Breen, L. J. (2017). Workplace stress, burnout and coping: A
qualitative study of the experiences of Australian disability support workers. Health &
Social Care in the Community ,25 (3), 1109 –1117.
MacDowell, E. L. (2015). Domestic violence and the politics of self-help. Wm. & Mary J.
Women & L.,22 ,203.
Nancarrow, H. (2019). Introduction: The Problem in Context. In Unintended Consequences of
Domestic Violence Law (pp. 1–30). Springer.
Nancarrow, H., Thomas, K., Ringland, V., & Modini, T. (2020). Accurately Identifying the"
person Most in Need of Protection" in Domestic and Family Violence Law (Issue
ANROWS Research Report 23). Australia ’sNational Research Organisation for
Owen, S., & Carrington, K. (2015). Domestic violence (DV) service provision and the
architecture of rural life: An Australian case study. Journal of Rural Studies ,39 ,229 –238.
Reamer, F. G. (2018). Ethical standards for social workers ’use of technology: Emerging
consensus. Journal of Social Work Values and Ethics ,15 (2), 71 –80.
Zengin, O. (2018). Ethical dilemmas that turkish social workers encounter and factors that
influence their decisions in case of ethical dilemmas. In Ethical Issues in Social Work
Practice (pp. 105 –116). IGI Global.
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