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If you or someone you know is experiencing domestic violence, understanding your legal options can feel overwhelming. The most important thing to understand is that there are legal protections, including a Domestic Violence Order (DVO). Designed to protect individuals from harm within a domestic relationship, a DVO is issued by the court, and sets legally enforceable conditions to ensure the safety of those at risk.
In New South Wales, where domestic violence laws are taken very seriously, DVOs are a common mechanism to protect people from harm. And in this article, we will explore everything you need to know about DVOs, from what they actually are and their purpose, to who is eligible for one. Our aim is to help you better understand your legal protections under Australian law.
If you want to learn more about DVOs keep reading and if you're considering applying for a DVO or need advice on how to proceed, consulting experienced domestic violence lawyers in Sydney, like us here at Unified Lawyers, can make all the difference.
How a DVO can provide you legal protection
Domestic Violence Orders (DVO) were developed to protect individuals by legally restricting the behaviour of someone who may pose a threat to them within a domestic relationship. These orders aim to create a safe environment for those at risk of domestic violence, ensuring they are shielded from harm, intimidation, or harassment.
For example, a DVO can:
- Prevent the respondent from contacting the protected person, their children, or other family members.
- Restrict the respondent from visiting locations like the aggrieved person's home, workplace, or their children's school.
- Prohibit threatening behaviours or actions that could endanger safety.
The goal of a DVO is to protect people from further harm and provide legal recourse if boundaries are crossed. This protection extends to those seeking safety in circumstances where domestic violence or threats of violence are present.
DVOs are part of a broader legal framework under laws like the Family Violence Protection Act in some jurisdictions, ensuring that protection is upheld. If a respondent violates the DVO's conditions, it is treated as a criminal offence with serious consequences, including criminal charges or imprisonment.
By setting clear and enforceable boundaries, DVOs help protect individuals, giving them the security and safety they need to rebuild their lives.
How does a DVO work?
When a Domestic Violence Order (DVO) is issued, the respondent is formally notified, typically by the police officer serving the order in person. If the DVO is made during a court hearing, the respondent may already be present to hear the Magistrates Court's decision.
Once the order is served, it becomes a legally binding protection order, and the respondent must follow the conditions set out in the DVO, such as no contact, staying away from certain locations and avoiding actions that could cause harm.
If the respondent breaches the DVO, it is considered a serious criminal offence. Common outcomes of a breach include:
- Police action: Breaches are reported to the police, who investigate and may arrest the respondent.
- Court penalties: The respondent may face fines, imprisonment, or further court orders.
- Criminal record: A breach can result in a lasting criminal record, which may impact the respondent's ability to hold a weapons licence or maintain good behaviour in the future.
It's important for anyone seeking protection or responding to a DVO to understand the process. Whether applying for a DVO or contesting one, seeking legal advice can help navigate this complex legal process while ensuring the best possible outcome.
Types of DVOs
Domestic Violence Orders (DVOs) come in different forms to address varying situations and provide tailored protection. Some types of DVOs overlap with broader legal protections, such as family violence orders (if you're wondering, find out what is a family violence order here), which are designed to safeguard individuals in domestic and family relationships from harm or threats. Understanding these distinctions, including the difference between AVO and ADVO, can help you determine the right legal path for your situation.
Temporary Protection Orders
A temporary protection order is granted on an interim basis to provide immediate safety while the court reviews the full case. These orders typically remain in effect until the final hearing, where a decision is made on whether to issue a final DVO. Temporary orders often include urgent conditions, such as prohibiting contact or requiring the respondent to stay away from certain locations.
Final DVOs
A final DVO is issued after the court determines that long-term protection is necessary. These orders can last up to five years, though the duration may vary depending on the case. Final DVOs provide comprehensive safeguards for the aggrieved person and any other protected individuals, such as children or family members.
Variation of Orders
Sometimes, existing orders need to be changed. Variations might extend, modify, or remove conditions depending on changes in circumstances or new evidence.
Specialist DVOs
Specialist orders, such as those under the Family Violence Protection Act, address more complex situations, including multiple protected individuals or extended family dynamics. These orders are often applied in cases involving children or broader family contexts.
If you're unsure which DVO might apply to your situation, consulting with a lawyer can help clarify your options and guide you through the process.
How to get a DVO (step-by-step process)
Applying for a Domestic Violence Order (DVO) can feel overwhelming, but understanding the process can make it less daunting. Here's a step-by-step guide for applying for DVOs:
- Seek immediate safety
If you're in immediate danger, contact the police. Police officers can apply for a DVO on your behalf if they believe you need protection. They can issue a temporary protection order to provide urgent safety until the matter goes to court.
- File an application
You can apply for a DVO through your local Magistrates Court. The application will require:
- Details of the respondent: Including their name, address, and any identifying information.
- Evidence: This may include police reports, text messages, photos of injuries, or statements from witnesses that demonstrate the need for a DVO.
- Circumstances: A written description of the threats, violence, or harassment you've experienced, explaining why the order is necessary.
- Attend the court hearing
Once your application is filed, a court date will be set. During the hearing:
- You may need to provide further details about the incidents and evidence.
- The respondent may also attend and present their side of the story.
- The magistrate will review the application and decide whether to issue a temporary or final DVO.
If the respondent doesn't appear in court, the DVO may be granted in their absence.
- Understand the issued order
If the magistrate grants a DVO, it will include specific conditions that the respondent must follow. These conditions are tailored to your situation and aim to ensure your safety.
- Notify the respondent
The respondent must be officially served with the DVO by the police or another authorised individual. This ensures they are aware of the order and its conditions.
- Follow up and report breaches
Once the DVO is in effect, it's crucial to report any breaches immediately. Breaches are considered a criminal offence, and the police can intervene to enforce the order and ensure your safety.
If you are not immediate danger, we highly recommend that you work with a lawyer to ensure that you have all of the information you need and understand all of the options available to you.
Eligibility and conditions for a DVO
A Domestic Violence Order (DVO) is available to individuals in domestic relationships who are experiencing threats, violence, or harassment. This includes family members, current or former partners, or people living in the same household. The court must be satisfied that domestic violence has occurred and that the aggrieved person requires protection.
Evidence plays a critical role in the application process. Common examples include police reports, witness statements, text messages, or photographs of injuries or property damage. These help demonstrate the need for a DVO to safeguard the applicant's safety.
Respondents can contest a DVO in court, allowing both parties to present evidence and arguments before the magistrate. If you're unsure whether you meet the criteria or how to proceed, seeking legal advice can clarify your options.
Penalties for violating a DVO
Violating the conditions of a DVO is a serious criminal offence with significant penalties, including fines, imprisonment, or both. Breaches are reported to the police, who investigate and take action, including arrests if necessary.
For example, attempting to contact the protected person through text messages, visiting prohibited locations, or making threats are all common breaches. Repeated violations may result in stricter penalties, such as longer imprisonment, and can leave the respondent with a criminal record.
The enforcement of DVOs is handled by the police, and breaches should always be reported promptly to ensure the safety of the protected person.
When you can apply for legal costs
In certain circumstances, either the applicant or the respondent involved in a Domestic Violence Order (DVO) case can apply to have their legal costs covered. This is not automatic and typically depends on the specifics of the case and the court's discretion.
Legal costs may be awarded if the court determines that one party has acted unreasonably, such as filing frivolous or vexatious claims, or unnecessarily prolonging the proceedings. For example, if an applicant files a DVO application without sufficient grounds and the case is dismissed, the respondent may request reimbursement for their legal expenses.
Conversely, if the respondent contests a valid DVO application without reasonable grounds and loses, the applicant may seek to recover their legal costs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
