A Court must be satisfied that a relevant relationship exists before it makes a Protection Order. A relevant relationship is defined in the Domestic and Family Violence Protection Act 2012 (Qld) as one which falls within one of three categories, either:
(a) an intimate personal relationship;
(b) a family relationship; or
(c) an informal care relationship.
Intimate Personal Relationship
An intimate personal relationship includes:
- people who are married or in a de facto relationship;
- people who are engaged (including a betrothal under cultural or religious tradition);
- people who have or had a relationship as a couple;
- former spouses; and
- the parents of a child, even if the parents themselves were or are not in a relationship.
A family relationship is broadly defined and includes relationships which might not traditionally be viewed as ‘family’.
While it includes any two people who are related by blood or marriage or who are former relatives it can extend to people who may be ‘regarded’ as relatives, such as people within Aboriginal or Torres Strait Islander communities, people with particular religious beliefs or members of communities with non-English speaking backgrounds.
Informal Care Relationship
An informal care relationship exists where one person is dependent upon the other for daily living needs, such as dressing, preparing or eating meals or shopping but does not include:
- a parent/child relationship (which would fall within the definition of ‘family relationship’); or
- a commercial arrangement, such as a nurse, and can include arrangements even if the person receiving care does not pay to receive it.
If you are experiencing behaviour which is domestic violence but are not sure whether you are in a relevant relationship, contact us. We are able to advise if you are eligible to apply to the Court for protection from domestic violence.