How do I apply for a Peace and Good Behavior Order in QLD?

Disputes between neighbors over fences, noise, or parking happen frequently on the Gold Coast. However, when these disputes escalate from simple arguments into harassment, threats, and intimidation, the situation moves past mediation and into the realm of the Magistrates Court.

If you are dealing with a neighbor who is threatening violence, destroying your property, or engaging in a continuous pattern of abusive behavior, you can seek a Peace and Good Behavior Order (PGBO).

What is a Peace and Good Behavior Order?

A Peace and Good Behavior Order is a legal mandate issued by the Magistrates Court in Queensland designed to legally compel an individual to “keep the peace” and cease their harassing or threatening behavior towards you.

While it is somewhat similar to a Domestic Violence Order (DVO), a PGBO is used specifically when there is no intimate, family, or domestic relationship between you and the perpetrator, such as a hostile neighbor or a disgruntled former friend.

Grounds for Applying

You cannot apply for a PGBO simply because your neighbor is annoying, plays loud music, or drops leaves in your pool. To successfully secure an order from the Magistrate, you must provide sufficient evidence to prove that the respondent has:

1. Threatened to physically assault you (or someone in your care).
2. Threatened to destroy or damage your property.
3. Actually assaulted you or damaged your property.
4. Acted in a manner that causes you to hold a genuine and reasonable fear for your safety or the safety of your property.

Note: In cases involving severe, persistent defamation (such as printing and distributing hostile letters to other neighbors about you), a PGBO can sometimes be applied if it can be demonstrated that the harassment is intended to provoke a breach of the peace.

How to Apply

As discussed by Andrew Bell on the Legal Matters Radio Show , applying for a PGBO involves a formal court process:

1. Lodge a Complaint: You must swear an oath or affirmation before a Justice of the Peace (JP) detailing the exact incidents, threats, dates, and times of the harassment.
2. File at the Courthouse: Submit the sworn complaint and pay the requisite filing fee at your local Magistrates Court (e.g., Southport Magistrates Court).
3. Summons to Appear: The Magistrate evaluates the complaint. If they determine there are valid grounds, they will issue a summons ordering the neighbor to appear in court.
4. Court Hearing: Both parties will present their case to the Magistrate, who will then decide whether to issue the order and what specific conditions will be attached (such as prohibiting the neighbor from coming within a certain distance of your property or attempting to contact you).

What happens if they breach the order?

This is the power of a PGBO. If a neighbor willfully violates the conditions of a granted Peace and Good Behavior Order, they commit a criminal offense. You should immediately contact the Queensland Police Force, who have the authority to arrest them for the breach. The penalty can include substantial fines or up to one year in prison.

Navigating the Magistrates Court and meeting the strict evidentiary standards for a PGBO can be intimidating. Engaging a lawyer to assist in drafting your sworn complaint ensures you present the strongest possible case for your protection.

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1. Peace and Good Behaviour Act 1982 (Qld) - The legislation defining the rules, grounds, and penalties associated with applying for and breaching a PGBO.