Domestic Violence Applications are treated very seriously by the Courts in Queensland and Australia wide. The Applications are conducted in a closed Court scenario and it is very difficult to get guidance about what you should do if an Application has been brought against you.
It is very important that you are legally represented as soon as possible. You need the appropriate guidance and advice early on to prevent significant issues arising or adverse consequences later. At Fortisen Legal we provide legal services for Defending a Domestic Violence Application.
What is a Domestic Violence Order or Protection Order
For a Court to make a Domestic Violence Order (also called a DVO or Protection Order), there must be a relevant relationship between the aggrieved (the Applicant) and you. If the aggrieved does not have a relevant relationship, they cannot apply for a Domestic Violence Order. A relevant relationship is an intimate personal relationship, a family relationship or an informal care relationship.
A Domestic Violence Application is a request to the Court by the aggrieved for the Court to make a Domestic Violence Order. A Domestic Violence Order puts limits on your behaviour. You must be well behaved towards the other person and anyone else named in the Domestic Violence Order. In certain circumstances, the Domestic Violence Order can also dictate your behaviour towards your children, relatives or friends. The Domestic Violence Order will usually remain in force for up to two years, or longer if there are special reasons.
Other conditions could include Orders to prevent you:
- approaching the aggrieved’s workplace or home
- from going near the aggrieved, their relatives or friends, eg you might have to stay at least 100 metres away
- living in the home you share with the aggrieved
- trying to locate the aggrieved
- having any contact with the aggrieved by telephone except for mediation or counselling
- going to places where the aggrieved’s children frequently visit, like their school or kindy.
Once a Domestic Violence Order is in place (temporary or final), you must follow the terms set down in it. If you don’t follow the terms and you breach the Domestic Violence Order, the police can and most probably will, charge you with a criminal offence. A criminal offence carries with it severe penalties, including a term of imprisonment. (see Hyperlink – Defending a charge of breach of a Domestic Violence Order).
If you agree to an Order being made
There are circumstances where agreeing to the Domestic Violence Order may be the best approach, even if you disagree with the allegations against you.
There are also circumstances when you should NOT agree to the Domestic Violence Order being made, even if you are being pressured to concede.
If you agree to the Domestic Violence Orders being made, you will need legal advice about the terms of the Domestic Violence Order.
Although, the behaviours set out in the terms of the Domestic Violence Order are not ordinarily considered to be criminal behaviour, because they are contained within the Domestic Violence Order a breach of those terms may result in criminal sanctions against you.
It is important that you are represented to give you the best opportunity to have input about the terms that are included in the Domestic Violence Order.
If you disagree to an Order being made
If you disagree with the Domestic Violence Order being made, you will have to go to Court.
The Court hearing doesn’t happen straight away (and can sometimes be months later) but you will need time to prepare your case.
You need to make important choices about the steps to be taken before the hearing, what evidence and documents you are going to put before the Court and what witnesses you should subpoena (if necessary).
These decisions can be confusing, stressful and time consuming. Having cost effective legal representation will be the wisest decision you make.
Ultimately, the Court will decide whether or not to make a Domestic Violence Order against you once it has heard all the evidence.