Here are the top 6 Common Mistakes made by Respondents to DVO Proceedings:-

  1. Assuming DVO proceedings are not a big deal. DVO proceedings can have far reaching implications on a respondent’s life. A Protection Order will put limits on your behaviour, can stop you from going home, it can dictate where you can and cannot go, it can change your workplace and take away a weapons licence. Most significantly a Protection Order makes aspects of your life criminally punishable.
  2. Trying to represent yourself. You are not trained to be a lawyer. Frankly, if you are representing yourself, you are the worst person to do so. . It impossible, to accurately research the substantive and procedural law in all areas surrounding domestic violence, give yourself objective advice, strategise about how to defend yourself, advocate effectively in Court, examine yourself in the witness stand (let alone other witnesses) and present a clear, concise and persuasive case to the Court.
  3. Assuming the Police or the Court will be fair on them. No one is on your side, the police and the Court have a duty to protect. They will not look favourably on you.
  4. Knee jerk responses to an Application. Emotionally charged Respondents who do not understand that gravity of the proceedings do not respond well when served with an application for a protection order or a temporary protection order. Respondents must be of good behaviour towards the aggrieved, so think twice before sending that text message, email or making that phone call until you have calmed down.
  5. Trying to obtain evidence from witnesses early. There is no requirement to provide evidence early. If you wish to contest the application, the Court will make directions regarding the orderly provision of evidence. Any early preparation of evidence will be ill-conceived, irrelevant, most likely will not respond to the allegations appropriately and will be harmful to your defence.
  6. Posting of social media or talking to friends about the proceedings. DVO proceedings are confidential. It is an offence to publish or communicate certain information about the proceedings and you may be liable for criminal prosecution.