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Brisbane peace & good behaviour lawyers
(07) 3180 0106
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Applying or defending a peace and good behaviour Order
Our Brisbane Peace and Good Behaviour Order Lawyers can assist in obtaining a Peace and Good Behaviour Order (also known as a Restraining Order or Protection Order) or in defending false allegations.
If you feel threatened by a neighbour, housemate, work colleague or some other person other than a family member or relative especially if that person has assaulted you or damaged your property, or has threatened to do either of these things you may be able to apply for a Peace and Good Behaviour Order under the Peace and Good Behaviour Act 1982 (Qld).
If you feel your safety is under immediate threat, you should contact the police on 000 urgently.
If you have been served with a Peace and Good Behaviour application and you beleive the allegations to be false or otherwise vexatious you should immediately speak with a Brisbane Peace and Good Behaviour Lawyer as not doing so could have significant consequences.
A Peace and Good Behaviour Order is an order of the Magistrates Court requiring a person ('the respondent') to stop any activity that threatens to cause harm to ('the applicant') or their property, or threatens any person under the care or charge of that applicant.
Generally speaking, you can apply for a Peace and Good Behaviour Order to protect your right to peace and quiet, undisturbed by threats to your wellbeing or your quality of life.
To sucseed in an application under the Peace and Good Behaviour Act 1982 (Qld) an applicant must prove that the respondent has done any of the following:
- threatened to assault or do bodily injury to you or someone under your care—or has threatened to have someone else do it—and you fear this person because of this threat;
- threatened to destroy or damage your property—or threatened to have someone else do it—and you fear this person because of this threat; and/or
- displayed intentional conduct that has caused you to fear that the person will destroy or damage your property.
The standard of proof required by the court is less than beyond reasonable doubt, although an applicant must ultimately prove their case to the satisfaction of the Court. An applicant or respondance to an application should ensure they gather the strongest possible evidence to support their case and it is always advisable to keep detailed notes or other evidence to hand to support an application or defend one in circumstances where false allegations have been weilded.
If an order is made, a Peace and Good Behaviour Order will order the respondent to be of good behaviour and keep the peace for a certain period of time (usually between 12 months to 2 years) although the length of time is at the discretion of the Magistrate and may be for a shorter or longer period of time.
Under the Peace and Good Behaviour Act 1982 (Qld) if the court feels that a dispute can resolve by mediation the court may order you to attend mediation, but only if you agree. The mediation can then only take place if the other person also agrees to participate. If you have been threatened and are in genuine fear of violence, mediation is unlikely to be appropriate although most mediation services will make sure that you feel safe and will only conduct a mediation if you are comfortable with the process.
Our Brisbane Peace and Good Behaviour Lawyers have resolved countless Peace and Good Behaviour matters and have successfully obtained orders at hearing including a cost order which the otherside was required to pay.
If you have a problem or dispute with someone which simply cant resolve and you wish to make an application it is always best to approach the matter with tactical precision after first obtaining solid legal advice about your prospects. Where it is possible (and safe to do so) it is always preferable to sort out disputes amicably by talking with the person to come to a mutually acceptable solution in the spirit of compromise in an even handed manner.
Where a respondent isn’t considered a respondent under the Peace and Good Behaviour Act 1982 (Qld) such as a family member, relative or informal carer you may be able to apply for a Domestic Violence Order under the Domestic and Family Violence Protection Act 2012 (Qld) - Please click on the below link if your dispute is with a family member, relative or informal carer to read more.
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