If you or someone you know is suffering from domestic violence, the question of how to get a DVO is important for you.
Before discussing how to get a DVO, let us first understand what a DVO is. DVO stands for Domestic Violence Order.
In Australia, domestic violence is a grave concern and is prevalent across all Australian states.
Applying for a Domestic Violence Order enables the victim to get protection from the person who is posing a threat to their safety.
If you or someone you know could be facing the threat of domestic violence, read on to find out what a DVO is, what conditions need to be followed by a person if there’s a DVO against them, and how to get a DVO.
What Is A DVO?
In New South Wales, an Apprehended Violence Order (AVOs) is a court order made against a person (usually current or former partner) when the court has reasonable grounds to believe that the person poses a threat to the safety of the applicant (the person applying for an AVO).
In Queensland, a similar order is made to prevent the occurrence of domestic violence, called domestic violence orders or DVOs. DVOs are more commonly known as protection orders.
In Victoria, these types of orders are known as intervention orders or IVOs.
Types Of DVOs
A magistrate court can make a protection order to protect people in domestic or family violence cases. A protection order can generally last up to 5 years. Sometimes the court can make a shorter order, or an extended order, based on what the court thinks is appropriate, depending on a case-by-case basis.
Temporary Protection Order
In cases where the victim is in need of immediate protection, either the victim or the police can apply for a temporary protection order. The temporary protection order will last until the Magistrate can make a full protection order.
What Does A DVO Do?
Before knowing how to get a DVO, it is also essential to understand what a DVO does.
Once the court has ordered a DVO against a person (known as the respondent, i.e., the person committing domestic violence), the respondent is required to follow certain rules and regulations.
In short, a DVO limits the respondent’s (abuser’s) ability to engage in violent behaviour, and to limit communication or their chance to come in contact with the victim.
How To Get A DVO?
To get an application for DVO in Queensland, an application can be made by: –
- The victim
- The police
- An authorised person for the victim
An authorised person for the victim is any adult who has been authorised in writing to make the DVO application on behalf of the aggrieved.
Application guide: –
- Complete the online DV01 form, or
- Complete an interactive DV01 form – Print this form by hand
- Go to the Magistrate court and complete the forms there
Who Can Get A DVO?
Now that you know how to get a DVO, read this section to find who can apply for a DVO to made against a person.
Under the Domestic and Family Violence Act, a person who is in a “relevant relationship” and who has experienced domestic violence as defined in the Act can get a DVO.
According to the Act, domestic violence is defined as: –
Behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that: –
- Is emotionally or psychologically abusive
- Is physically or sexually abusive
- Is economically abusive
- Is threatening
- Is coercive
- Tries to dominate the person such that they fear for their safety and wellbeing
What Happens After Getting A DVO?
Once DVOs have been made against a respondent, then they must follow certain conditions. The main conditions are as follows: –
- Be of good behaviour and must not commit acts of domestic violence, or associated domestic violence
- If a child of the victim or any child who usually lives with the victim is also named in the order, the respondent cannot expose the child to domestic violence
- The respondent is obliged to obey any conditions that are imposed by the court, and stated in the order
Other conditions that a DVO may include, are: –
- The respondent must not attempt to approach or locate any named person.
- The respondent must return all property that belongs to the other person, or allow them to collect their property
- The respondent must not contact, or attempt to contact, or have someone else contact, any of the named persons.
- The respondent must not approach, remain at, or enter particular premises.
How To Get DVO With Children Included?
A child can be included on the protection order in cases where they have been exposed to domestic violence. A child is said to be exposed to domestic violence if they have seen, heard, or experienced domestic violence. This can include situations like: –
- Helping a family member who has been injured because of domestic violence
- The child has seen the damage of property in their home because of domestic violence
Breach of Order
Although being given a DVO in itself is not a criminal offense, breaching a DVO is a criminal matter.
The police will then investigate the matter, and the respondent would need to appear before the court for a criminal offense.
For the first time the respondent is found guilty of breaching a DVO, they can be jailed for up to three years, and if they are found guilty of breaching a DVO again within five years of the first time, they can face jail time for up to five years.
Importance Of Seeking Legal Advice
Now that you are aware of how to get a DVO, you might realise that it is a complicated process, involving legal procedures.
It is important to get legal advice from experts when applying for DVOs, or AVOs. This is important because sometimes the legal procedures can get very complicated, and if you or someone you know is experiencing domestic violence, you must already be under excessive stress.
Our experts at JB Solicitors know how to handle complicated cases, and can help you with DVO applications, or court representations in domestic violence cases.
Contact our friendly and experienced lawyers today for a detailed explanation on how to get a DVO, and other matters related to domestic or family violence.