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What happens when you get a DVO?
When a Domestic Violence Order (DVO) is issued, it is a legal instrument designed to protect individuals from further harm by restricting certain behaviours of the respondent (the person against whom the order is made). The process of getting a DVO involves a court hearing, where the magistrate will clearly explain the terms and conditions of the order to the respondent. Keep reading to get more details.
Explanation of the DVO by the Magistrate
At the court hearing, the magistrate will speak directly to you and tell you in very clear language what you are not allowed to do. This could include restrictions on contacting the aggrieved, approaching certain locations, or engaging in particular conduct. If you do not understand, it is VITAL that you say so. There is absolutely no shame in saying you do not understand and need it explained a different way. This is because if you don’t understand and breach, you will not be able to rely on saying you didn’t understand.
Receiving a copy of the DVO
Following the court hearing, a formal copy of the DVO will be sent out by mail. The order is usually mailed to the respondent’s lawyers or directly to the respondent if they are self-represented. The Orders will confirm the conditions you must abide by and the date the Order expires.
What happens if you breach the DVO?
If a respondent breaches a DVO, it is treated as a criminal offence. This includes violating any of the conditions listed in the order, such as contacting the aggrieved when prohibited or visiting restricted locations. The consequences of breaching a DVO can be severe, including fines or imprisonment.
Can the DVO be varied?
The DVO can be varied or modified after it has been issued. Either party may apply to the court to change the conditions or the duration of the order. The court may grant such requests if circumstances have changed significantly since the original order was made.
For example, the respondent may have taken steps to address the issues that led to the order, such as completing a domestic violence intervention program. In such cases, the court may consider reducing the length of the order or easing some of the restrictions.
On the other hand, if the aggrieved feels that they are still at risk, they may request that the DVO be extended or that more stringent conditions be added.
If you are in Queensland and need legal guidance regarding a DVO please call us at (07) 2113 4645 to schedule an initial consultation. Our team is experienced in handling DVO matters and can provide you with support and advice.
For example, the respondent may have taken steps to address the issues that led to the order, such as completing a domestic violence intervention program. In such cases, the court may consider reducing the length of the order or easing some of the restrictions.
On the other hand, if the aggrieved feels that they are still at risk, they may request that the DVO be extended or that more stringent conditions be added.
If you are in Queensland and need legal guidance regarding a DVO please call us at (07) 2113 4645 to schedule an initial consultation. Our team is experienced in handling DVO matters and can provide you with support and advice.
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