QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.107Cool-down condition
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### sec.107 Cool-down condition
A cool-down condition is a condition that prohibits the respondent from doing any or all of the following—
entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises;
approaching, or attempting to approach, within a stated distance of the aggrieved or a named person;
contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.
A cool-down condition ends on the date and time stated in the notice.
The date and time stated in the notice must be—
no more than 24 hours after the notice is issued; and
reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person.
If a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.
s 107 amd 2016 No. 51 s 25
(sec.107-ssec.1) A cool-down condition is a condition that prohibits the respondent from doing any or all of the following— entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises; approaching, or attempting to approach, within a stated distance of the aggrieved or a named person; contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.
(sec.107-ssec.2) A cool-down condition ends on the date and time stated in the notice.
(sec.107-ssec.3) The date and time stated in the notice must be— no more than 24 hours after the notice is issued; and reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person. If a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.
- (a) entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises;
- (b) approaching, or attempting to approach, within a stated distance of the aggrieved or a named person;
- (c) contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.
- (a) no more than 24 hours after the notice is issued; and
- (b) reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person. Example of an unreasonable date and time— If a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.