If your matter is urgent or you need to speak to a Family Law Solicitor right now, we can accommodate it. Please call 07 2113 4645 and ask to be connected to a Solicitor while you are on the call.
Can my partner be removed from my home as a result of a domestic violence order?(DVO)
If someone is considering contacting the police to report domestic violence, they may be questioning if their partner has be removed and for how long. For further information regarding the potential outcomes of contacting the police regarding the removal of your partner from your property, please keep reading.
Will the police remove my partner from the property if a report of Domestic Violence is made?
If you or another person calls the police to make a report of Domestic Violence occurring, the police will attend and investigate. Following the police investigation, they may decide to remove your partner from the property.
When can they return to the property after being removed?
Your partner may then be allowed to return to the property after a 24 hour cool down period, or the police may have issued your partner with an ouster order, prohibiting your partner from returning to the property without an order of the court.
Will my partner be able to return to the property once the matter is heard in Court and/or Final Orders are made?
Once the matter proceeds to Court, the Magistrate may make an order prohibiting your partner from entering, attempting to enter, approaching to within a specified distance of your home. If this order is made, it is also likely the Magistrate will also order that your partner can contact the police within 2 weeks, to come to the property under their escort to collect undisputed, personal property. If it is the case, you want your partner removed from the property and this return to property order has been made, you could, prior to the scheduled time, have the property laid out and a bag organised so that the property can be viewed, allowing your partner to ask about anything that is considered to be missing, and packed.
Once the Final Order is made, and it contains such a condition as not to approach or remain at the property, that condition remains in place for the duration of the Order.
If you require advice regarding removal of your partner from your property or after being removed from your property, please contact us on 07 2113 4645 to schedule your initial consultation with our DVO Specialist.
Once the Final Order is made, and it contains such a condition as not to approach or remain at the property, that condition remains in place for the duration of the Order.
If you require advice regarding removal of your partner from your property or after being removed from your property, please contact us on 07 2113 4645 to schedule your initial consultation with our DVO Specialist.
Tags:
Related articles
Blog: A comprehensive guide to domestic violence orders (DVOs)
Understanding the process and importance of Domestic Violence Orders (DVOs)
Blog: I have applied for a protection order – now what?
Applied for a protection order? Understand the next steps from attending court hearings to safety planning. Learn how to prepare and the importance of legal advice in navigating this challenging time.
Blog: Elder abuse
Identifying and addressing elder abuse in family law cases
Blog: DVO or a Good behaviour Bond?
Learn about good behaviour bonds and Domestic Violence Orders (DVOs). Understand their differences and legal implications. Contact us for expert advice and assistance on DV matters.