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Responding to a Domestic Violence Application
This text uncovers each option you have when an Application for a Protection Order is made against you. Read this information to understand what is likely to happen to you after choosing how to respond to the application.
What are my choices when I am a respondent to a Protection Order?
When responding to an Application for a protection order naming you as the respondent, you have 4 choices:
- Do nothing;
- Consent to the order being made and admit to the facts alleged in the application;
- Consent to the order being made without admitting to the facts; and
- Opposing the making of the order.
What happens if I choose to do nothing?
If you chose to do nothing, it is likely the Court will make the order, noting you were not present, and therefore not able to challenge or admit to the facts. However, the court may also issue a warrant for your arrest, to have you appear at court to respond to the application.
What happens if I decide to consent to the order?
Both the consent options end with the same result. The order that was applied for is made final and will last for up to 5 years. You may have been told the consent without admission response brings your interaction with the court to an end, everything is finalised on the day and there is no more to do. This is not entirely true. If you consent, you consent to having an order made against you for up to 5 years, during which you must abide by those conditions in the order.
Will my life be impacted in any other way if I consent to the order?
Additionally, some regulatory bodies don’t think people with a DVO are suitable to work in their fields, and it will also affect your ability to hold a weapons licence or continue to work in fields where a weapon is used, such as an armed guard, the police or the Defence Force.
Additionally, if you are not an Australian citizen or permanent resident, a DVO may have visa implications and if you are a citizen, it will effect your ability to be a sponsor of a visa.
It is important you obtain advice before entering into this kind of Order.
Additionally, if you are not an Australian citizen or permanent resident, a DVO may have visa implications and if you are a citizen, it will effect your ability to be a sponsor of a visa.
It is important you obtain advice before entering into this kind of Order.
What happens if disagree with the contents of the application and oppose the making of the order?
If you disagree entirely with the facts in the DVO application and do not believe the Aggrieved needs to be protected from you, you can oppose the making of the order. This will involve the matter progressing to trial. At trial, each party will have filed an Affidavit beforehand and gets to put their case forward as to their belief in the actions that lead to the application being made and the necessity or desirability of the protection order being made.
How long will the DVO be if it is found that the aggrieved requires protection?
The length of the DVO is automatically determined to be 5 years. However, if you can show that you have engaged in programs to address the behaviours noted in the application, that you are taking ownership of those behaviours and are truly remorseful for those behaviours, the court can, make an order for less time. This is easier to achieve if both parties agree to the shorter time.
We make Family law matters crystal clear
If an application for a protection order has been made where you are the respondent and you have further questions about your next steps, contact us to book a $250 consultation with our DVO expert.
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