Do you know your rights to apply for or to defend a Domestic Violence Application?
Domestic and family violence is often thought of as physical violence but the truth is it’s far broader than that. Domestic violence can be characterised as controlling behaviour, isolating someone from family and friends, financial control and or verbal abuse.
What is a Domestic Violence Order?
A domestic violence order is a civil order issued by the court to stop a person from making threats or acts of domestic or family violence.
Because it’s a civil order it will not appear on the respondents criminal history, however if the order is breached it will become a criminal offence and will appear on their criminal history.
There are two types of domestic violence orders, which are a protection order and a temporary protection order.
If you have experienced domestic violence we can assist you with filing a Protection Order Application and appearing for you at Court.
What conditions can be put on a domestic violence order?
Approaching the aggrieved (the applicant) at home or at work.
Staying at the home they currently or previously shared with the aggrieved.
Approaching relatives or friends (if named in the order).
Going to a child’s school or day care centre.
Are you worried because you have been served with a protection order?
We can assist you with responding, advise you of your options and likely outcomes. We can also advise you how, or if, this may affect your family law matter.
Have you been denied access to your possessions and belongings?
Whether you have been denied access because there has been a Protection Order made against you or because you fled the home after experiencing domestic violence we can assist you to safely access to your personal possessions and belongings.
Can a Domestic Violence Order be made if you already have Family Court Orders?
Yes a Magistrate can and will make a domestic violence Order even if there are existing Family court Orders. It’s important that the Magistrate is aware of any previous or current Family Court Orders so he or she can consider those orders before deciding whether to make a domestic violence order.
Did you know in Queensland we use the acronym DVO. Other States use the term ‘AVO’.
Would you benefit from talking to us to resolve your most immediate questions?
We will review your situation and give you the practical advice you need right now.