Necessary or Desirable

By Sharon Wong, Creative Sub-Editor

 

‘(1) A court may make a protection order against a person (the respondent) for the benefit of another person (the aggrieved) if the court is satisfied that–

(a) a relevant relationship exists between the aggrieved and the respondent; and

(b) the respondent has committed domestic violence against the aggrieved; and

(c) the protection order is necessary or desirable to protect the aggrieved from domestic violence.’

 

– Section 37(1)(C) of the Domestic and Family Violence Protection Act 2012 (QLD)

 

Whether the court finds it necessary or

finds it desirable,

giving these terms their plain English meaning –

the facts in that case are, of course,

distinguishable from the facts in this case:

necessary: that which is indispensable;

desirable: worthy to be desired;

 

and whether the court finds it necessary or

finds it desirable,

a relevant relationship existed

and the physical altercation did take place

and domestic violence was committed;

the necessity or desirability must be predicated upon

a finding

that there exists a need to,

protect the aggrieved from domestic violence;

 

but whether the court finds it necessary or

finds it desirable,

it may also be necessary or desirable to

make an order in order to protect:

having regard; He said

he lost his glasses too when she punched him.

 

Whether the court finds it necessary or

finds it desirable,

they had taken to reconcile since the incident,

he has encouraged her in her desire, and

they have been to a family therapist,

they have been to a family therapist,

they have been to a family therapist three times –

they had seen a psychologist; and

 

whether the court finds it necessary or

finds it desirable,

her husband had denied punching her,

they have been to a family therapist three times

they had seen a psychologist

and she adds

“I can’t stop him.”

he had yet to see an individual therapist –

he was still on a waiting list.

 

Whether the court finds it necessary or

finds it desirable,

the law requires perpetrators of violence be held

accountable, making protection orders,

applying the principle, the principle of paramount importance

that the safety, the protection, the wellbeing

of people who fear domestic violence is

necessary or desirable.

 

However, a court will not likely find it necessary

or desirable to make a protection order.

I do not intend to punish the respondent.