what is domestic violence?
The Domestic and Family Violence Protection Act 2012 defines domestic violence as behaviour by a person towards another person, where the parties are in a “relevant relationship”, that:
is physically or sexually abusive; or
is emotionally or psychologically abusive; or
is economically abusive; or
is threatening; or
is coercive; or
in any other way controls or dominates the second person and causes the second person to fear for their safety or wellbeing or that of someone else.
A domestic violence order (DVO) is made by a Magistrate (generally in the Magistrates Court) with the intention of providing protection to the Applicant (known as the Aggrieved) from the perpetrator of domestic violence (known as the Respondent).
An order, whether made on a interim or final basis, will impose a mandatory condition that the Respondent must be of good behaviour and not commit any act of domestic violence against the Aggrieved. As well as this, other additional conditions can be sought by the Aggrieved including, but not limited to, a condition requiring the Respondent to vacate a place of residence (known as an "ouster order"), not to approach to within a certain distance the Aggrieved personally or where they live or work and not to contact the Aggrieved.
Where an order is made by a Magistrate on a final basis, the order will continue to operate until the date stipulated within the Order. However, where the order is absent of a final date, the order will operate for a period of 5 years.
what is a domestic violence order?
How do i apply for a DVO?
If you believe you are experiencing domestic violence you can make an application to the Court for a DVO. You can apply either directly to the court or alternatively seek the assistance of a lawyer, the police, a family member or friend to make an application on your behalf.
If any of your children, relatives or associates have also been exposed to domestic violence their names can be included and orders sought to protect them also.
Whether you need to apply for urgent and/or interim DVO will depend on whether you or your family are currently in danger to the extent which requires urgent action to be taken. If this is the case for you, it is important that you seek immediate legal advice to assist you with making an application to the Court as soon as possible as failing to act may leave you and your family in serious danger from further acts of domestic violence being perpatrated against you.
At McAdam Family Law on the Gold Coast and Northern Rivers, we provide advice and assistance to Aggrieved persons wishing to lodge a DVO Application. If you require assistance in relation to lodging a DVO application contact McAdam Family Law on the Gold Coast today to organise a consultation.
What if i've been accused of domestic violence?
Unfortunately, the powers provided under the Domestic Violence Act are sometimes abused and orders are sought by individuals where such allegations are purely and entirely malicious, deliberately false, frivolous or vexations.
If this is the case for you, it is important that you seek immediate legal advice in relation to your rights in defending the application as not only might it have adverse effect against you in relation to any Family Law proceedings (for example in relation to the parenting arrangements of children) however it might also have serious consequence for you personally as any alleged breach of an order will constitute a criminal offence and you may be charged and prosecuted by police which could result in serious penalties being imposed (from monetary fines to terms of imprisonment) and the recording of a conviction against your criminal record.
At McAdam Family Law on the Gold Coast we provide advice and assistance to Respondents wishing to defend DVO Application. If you require assistance in relation to defending a DVO Application against you contact McAdam Family Law on the Gold Coast today to organise a consultation.