Domestic Violence Orders exist to protect you from further acts of domestic violence by the perpetrator, not to punish the perpetrator. If you are experiencing Domestic Violence or are in urgent need of assistance, call the police on 000.

If you call the police, they will talk to you and the person they are told is committing the domestic violence and will then make a decision on whether or not domestic violence has occurred and you need protecting. If you do, they will issue the other person a Temporary Protection Order, which has a court date noted on it along with the conditions that person must abide by. It is important to remember, even if you tell the police you do not want to have a domestic violence order made, they may decide to make one anyway.

If you do not want to involve the police in making a Domestic Violence Protection order, or if the police are not supporting you in making one, you can make one yourself. You will need to be able to recall what the other person has done to you, and how that made you feel. Domestic violence is not just physical harm. Aside from being physically abused or threatened, someone threatening to harm themselves, your animals or someone you care about is also abuse. So is preventing you from having contact with friends or family, and controlling how much you spend and what you do with your money.
Once you have made the application, the process can, after a Temporary Order been made, take several weeks until the Final Order is made.

At Court, the other person has 3 options to respond to your application, which you need to be aware of. The other person could elect to:

1. Consent to an order being made and admit to the allegations;
2. Consent to an order being made without admitting to the allegations;
3. Opposing the making of an order and the allegations.

The other person may, at the fist court date seek an adjournment in order to seek legal advice. If this is the case, your Temporary Protection Order will remain in place until the person elects one of the 3 choices above.
If the person elects option 1 or 2, the Magistrate will make an order protecting you from that person for a period of 5 years. The Magistrate will also make the conditions, the person must abide by, which can include things such as:

• Do not approach your home / workplace / place you frequent;
• Do not contact you
• Do not attempt to locate you
• Do not use social media to make comments about you

If the person chooses option 3, you will be required to provide evidence to the court that a Domestic Violence Order should be made to protect you. You will be required to demonstrate that the other person has committed acts of Domestic Violence and that you need protection from that person.

We make Family law matters crystal clear

If you require legal advice before making your application, please contact us on 07 2113 4645 to schedule your initial consultation with our DVO Solicitor for $250.