Domestic violence (‘DV’) is abusive, violent or intimidating behaviour occurring in a relationship. DV can sometimes be referred to as family violence. The relationship can be a partner, carer or another family member. The violence does not need to occur within your home to be DV. It occurs when someone in a relationship with you has power or control over you.
There are many types of domestic violence, including but not limited to; physical, emotional, economic, social, spiritual and harassment.
If you or someone you know is experiencing Domestic Violence (‘DV’) it is important to seek help.
You can do this by filing for a Domestic Violence Order (‘DVO’) in your local Magistrates Court. This will make the abusive person commit to being of good behvaiour towards you and stop them committing any further DV to you. You can apply for certain provisions if you feel unsafe, such as preventing the violent person from coming to your house or workplace. You can include your children if applicable to ensure that their safety needs are also met.
You can ask the police to file for a Domestic Violence Order (‘DVO’), or you can apply with the help of a lawyer or by yourself. As the DVO is a legal document it is a good idea to get legal advice to make sure the DVO correctly protects you and your individual safety needs.
There are two types of DVOs; a protection order and a temporary protection order. A protection order is made in Court by a Magistrate to protect against DV. Most protection orders last for five years but can be shorter or longer if the Court feels it is appropriate. A temporary protection order is used if protection is needed urgently due to the immediate threat of danger. These orders can be made to protect the person in the time leading up before their full protection order is made.
A court making a DVO against someone is not by itself a criminal charge, however, if the abusive person breaches the order they can be charged with a criminal offence.
Our family lawyers here at Stone Group Lawyers can help explain which of the orders is more appropriate for your situation and what consequences a breach of the DVO can have for the other party. It is important to understand your safety needs and ensure that the orders are drafted correctly to protect you. Call our office now for a free 30 minute consultation on 07 5635 0180.