Web resource:	http://pandora.nla.gov.au/pan/25226/20020606-0000/www.gu.edu.au/centre/flru/field.doc
Type:	Journal Article
Title:	Issues for magistrates in the making of ouster orders under the Domestic Violence (Family Protection) Act, 1989 (Qld)
Authors:	Field, Rachael Currie, Susan Carpenter, Belinda
Keywords:	Legislation analysis;Protection orders
Year:	2001
Notes:	Paper presented at the ISFL 2000 (Brisbane) Conference Reports findings of a survey conducted with Queensland Magistrates about their attitudes towards domestic violence. NSW Judicial Commission survey conducted with Magistrates in 1998 was used as the basis of the Queensland survey with additional questions incorporated to ascertain magistrates' views about the making of Ouster Orders (an order to prohibit the defendant from remaining or approaching a particular residence, including the family home). Results of the survey indicated that Magistrates made ouster orders when it was considered the circumstances were serious enough to warrant the making of the order, usually as a last resort. This included circumstances where serious physical violence had occurred and after determination of whether suitable accommodation existed for the woman and children. Magistrates indicated they would mostly issue an order when the respondent was present and had an opportunity to be heard. The authors suggest decisions possibly reflect an overriding concern with the rights of the respondent which may detract from ouster orders being used as an effective tool for the protection of women and children escaping domestic violence.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15522
Appears in Collections:	Journal Articles

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