A respondent to an Application for a Domestic Violence Order (also called a DVO or Protection Order), may bring a Cross Application against the applicant, if necessary.
Domestic violence is characterised by one person being subjected to an ongoing pattern of abuse by another person who is motivated by the desire to dominate and control them. Both people in a relationship cannot be a victim and offender of this type of violence at the same time. Bringing a Cross Application is inconsistent with this notion.
It may be considered by the Courts that a cross-application could be used by a respondent to continue victimising the aggrieved person, to exact revenge against them or to gain a tactical advantage in other Court proceedings.
That is not to say that you should not bring a cross application where it is warranted, however, before making any Cross Application, it is vitally important that you receive appropriate legal advice about whether you should be making such an application and how it may be viewed by the Court.
If a Cross Application is made, the Court may hear both applications together or order that the Application before it be heard by another Court.
A Court hearing a Cross Application may take into account the Court records relating to the making of a Domestic Violence Order, even if it was made in a different Court.
The Court can also rely on evidence or an affidavit used in an earlier proceeding, an earlier stage of the same proceeding or a cross application, if it is relevant to the proceeding.
By obtaining legal advice before you consider bringing a Cross Application, we can help guide you through this potentially confusing area and avoid the possibility of adverse consequences.