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Can a DVO kick me out of my own house?

Conditions
Supportive calm scene with support phone line cards representing QLD domestic violence help

A person with a small bag outside a home, representing an ouster condition under a Queensland Domestic Violence Order

Open our QLD & NSW Legal and Government Contacts Directory first. It is the quickest single place to find verified phone numbers and links for emergency services, Gold Coast and Queensland domestic violence support, Legal Aid, community legal centres, housing, Centrelink, courts and government services. Use it if you need to make calls now, do not know which service is right, or need a number that is not listed below.

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 belongings. Do not return to the property for any reason without a lawful arrangement. You should speak with the police or a lawyer to arrange a supervised “keep the peace” attendance or other agreed collection process.

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).

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.

  1. Domestic and Family Violence Protection Act 2012 (Qld) s 64 (Ouster condition). ↩︎

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