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A comprehensive guide to domestic violence orders (DVOs)
Domestic violence is any harmful or violent behavior by a family member or someone with a close personal relationship. It can take various forms, such as physical, sexual, emotional, social, verbal, and financial abuse. This behavior often involves one person exerting control over another. In legal terms, a Domestic Violence Order (DVO) is a court-issued order aimed at preventing domestic violence
DVOs, sometimes referred to as 'Protection Orders,' establish rules for the "respondent" (the person committing domestic violence) to follow. These orders aim to protect victims by limiting the abuser's behavior and, in some cases, restricting their ability to contact the victim.
In Queensland, individuals in a 'relevant relationship' experiencing domestic violence can apply for a DVO. Relevant relationships include intimate personal relationships, family relationships, or couple relationships.
In Queensland, individuals in a 'relevant relationship' experiencing domestic violence can apply for a DVO. Relevant relationships include intimate personal relationships, family relationships, or couple relationships.
Applying for a Domestic Violence Order
Here are some examples of significant changes:
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Complete the online DV01 form here
Print the PDF and complete it by hand -
Visit the nearest Magistrates Court and complete the form there
Answer all questions on the form, providing specific examples of domestic violence incidents, dates, and locations. If needed, attach additional information on a separate sheet. -
Sign the statutory declaration on the last page of the form in front of a Justice of the Peace (JP) or Commissioner for Declarations (CDec).
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The housing crisis in many areas poses challenges.
Once submitted, the DVO application is listed for a Court date, usually the first 'Mention.' If both parties agree, the Court may make a DVO by consent without admission. If not, a temporary protection order may be granted, and the matter is set for a final hearing.
- Question:What if children are involved?Answer:Children can be protected persons on a DVO, subject to conditions applying to the aggrieved. The Court considers 'associated domestic violence' towards children living with or related to the aggrieved.
- Question:How much does a DVO cost?Answer:There is no cost to apply for a DVO.
- Question:Will obtaining a DVO result in a criminal record for the respondent?Answer:No, the DVO itself won't result in a criminal record, but breaching it is a criminal offense.
- Question:Can my partner be removed from my home?Answer:Yes, with an "ouster order" in the DVO, the respondent may be asked to vacate the shared premises.
Domestic violence has lasting impacts. If you need assistance with a DVO, AVO, or IVO, seek legal advice. Contact Genuine Legal to discuss your rights and obligations regarding domestic violence orders with our experienced lawyers. Your safety is paramount, and we are here to help you through this process.
At Genuine Legal, we stand against domestic violence, and our team is here to support you.
Feel free to contact us! You can Book your free 1-hour consultation on our website or by phone at (07) 2113 4646.
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