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Common Mistakes made by Respondents to DVO Proceedings
Respondents to DVO proceedings commonly make the mistake of defending their behavior by saying they were provoked. Read this text to understand how this is not a valid defence to domestic violence and how the Court will respond to such a claim. Contact us for expert legal advice.
Is provocation a valid excuse for committing domestic violence?
Commonly people believe they can excuse their behaviour by saying they were provoked into responding in such a way by the Aggrieved. This is not the case. Our courts firmly believe everybody has the right to enjoy their life free from abuse in a domestic setting and they take a dim view of people who are abusive behind closed doors.
For the purposes of the Court, does domestic violence only include physical abuse?
Domestic violence is not just physical violence. It can include financial control, abusive language, restricting a person’s interactions with other people, where they work or go to among other things. We also now have the offence of coercive control.
What is coercive control?
Coercive control is more than one event of a coercive behaviour, regardless of whether or not the person knew the behaviour was coercive who perpetrated that behaviour. The mistake that is made, is not knowing their behaviour was coercive.
It is recommended you obtain legal advice before making any decision about how you will respond to an Application for a Protection Order being made.
It is recommended you obtain legal advice before making any decision about how you will respond to an Application for a Protection Order being made.
We make Family law matters crystal clear
If you are the respondent in DVO proceedings, we can help you navigate your next steps. Contact us to speak to our extremely experienced DVO specialist.
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