Can a DVO kick me out of my own house?

One of the most drastic powers of the Magistrates Court is the ability to impose an Ouster Condition.

How It Works

If the Magistrate believes it is necessary to protect the aggrieved person or children, they can order you to:

1. Vacate the premises immediately (or within a few hours).
2. Not return to the premises.
3. Not approach within a certain distance of the premises.

“But I Own The House!”

Ownership is irrelevant in the short term. The Domestic and Family Violence Protection Act specifically states that the Court can make an ouster order regardless of who owns the property or whose name is on the lease.¹

Retrieving Belongings

If an Ouster Order is made, you cannot just go back to get your clothes. You typically must:

• Make arrangements through a lawyer.
• Ask the police to accompany you (a “Keep the Peace” visit) to collect personal effects.

Long Term

An Ouster Order is usually a temporary safety measure. Long-term property settlement is handled by the Federal Circuit and Family Court (Family Law), not the Magistrates Court (DV Law).

Related Topics

• Property Settlement
• Breaching a DVO
• Domestic Violence Practice Area

Emergency Advice

If you have been ousted, you need immediate legal advice regarding your rights and where you stand with family law property division.

Kicked out? Contact us today. Call (07) 5532 8777.