Sometimes a Domestic Violence Order will change where you live, or who you have contact with. This can make it difficult to get your stuff back―for example, if you’ve left your things at their house.
Not all Domestic Violence Orders have conditions that will stop you from getting your things, so you should get legal adviceACTNSWNTQldSATasVicWA about your situation.
Sometimes you can ask the police if they can help you get your things.
Sometimes the court can make an order so you can safely collect your personal things, like:
• your clothes
• toiletries
• documents like passports, tax returns, birth certificates or other personal papers
• children’s toys.
You can get legal adviceACTNSWNTQldSATasVicWA about this.
If you were in a relationship with the other person, the two of you may need to divide up your things by doing a property settlement.
You need to tell the court if you already have family law property orders, or if you have applied for family law property orders.
In each State and Territory, there are different laws about getting your stuff back from the other person. Choose your State or Territory below to learn more.
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When it makes a Family Violence Order, the court may order:
- the respondent (the person the order is against) to give the protected person things they or their child need
- to stop the respondent from taking personal things the protected person or their child need.
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When it makes an Apprehended Domestic Violence Order, the court may make a Property Recovery Order for:
- the defendant (the person the order is against) to collect their personal things from the protected person
- the protected person to collect their personal things from the defendant
- the police or someone else to go with the person when they collect their personal things.
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When it makes a Domestic Violence Order, the court may order:
- the defendant (the person the order is against) to collect their personal things from the protected person, in the company of a police officer
- the protected person to collect their personal things from the defendant.
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When it makes a Domestic Violence Order, the court may order:
- the respondent (the person the order is against) to collect their personal things from a house they are no longer allowed to go to
- the respondent to give the protected person their personal things, or allow the protected person to collect their personal things
- the police to go with a person while they collect their personal things.
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When it makes an Intervention Order, the court may order:
- the defendant (the person the order is against) to give the protected person their personal things
- to stop the defendant from taking personal things the protected person needs.
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- When it makes a Family Violence Order, the court can make orders it thinks are necessary and desirable to prevent further domestic and family violence.
- The court may make orders to stop the respondent (the person the order is against) from going to some places, like their house. If the respondent needs to collect their personal things from their house, they can get legal advice about this.
- In some cases the court may agree to an order that takes into account the need for the respondent to collect their personal things from the house.
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When it makes a Family Violence Intervention Order, the court may order:
- the respondent (the person the order is against) to give the protected person their personal things, or their family member’s personal things
- the respondent to give the protected person jointly owned property that allows the protected person’s everyday life to continue normally
- the respondent to collect their personal things in the company of a police officer or someone else if they are no longer allowed to go to a place, like their house.
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When it makes a Family Violence Restraining Order, the court may order:
- the respondent (the person the order is against) to collect their personal things from the protected person
- the protected person to collect their personal things from the respondent
- that the police go with the person when they collect their personal things
- that the respondent can’t stop the protected person from having or using things they need, even if the respondent owns those things.
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