Can the court order someone to leave a house?
The Domestic & Family Violence Protection Act 2012 provides that in addition to the “standard provisions”, that the Respondent be of good behaviour and not commit domestic violence, if the court is satisfied that a Temporary Protection Order should be made, the court may impose an additional condition known as an “ouster order” evicting the Respondent from the home within a certain time frame and prohibiting the respondent from remaining at, entering or approaching the home. The particular property may be a property that the victim and the respondent have an interest in, where the parties may have lived together or where the victim frequents or works.
If you are successful in obtaining a Protection Order which includes an ouster order and the respondent is required to vacate the premises, you should provide a copy of the Order to the Police, to assist the police in enforcing it.
If an ouster order is made the court will likely impose a condition to allow the respondent to return to the premises to recover property.
The Ouster Order must not however allow the respondent to remove personal property required to meet daily needs of any person living in the premises (example, household furniture and kitchen appliances).
Want more information?
If you would like more information on Domestic Violence Orders and Ouster Orders, check out the following links:
- Domestic Violence Orders
- DVOS – how to boost your chances of success
- Who stays in the home after separation?
If you have any concerns about your personal safety and you are considering filing a protection order, seek urgent advice from a domestic violence lawyer who has experience with narcissistic abuse.
Please contact us on 3465 9332 to book an appointment with Courtney to discuss your individual circumstances.