Family violence can impact you physically, emotionally and financially. If you have family law proceedings on foot, or have parenting orders already in place, these can also be affected by family violence.
On this page, you will find some brief information about domestic violence orders. The area can be complex so we do encourage you to make a time to get legal advice before you go to court, especially where family violence matters can interact with family law matters, or where an application for a DVO may impact your reputation, residence or tenancy.
Legislation
Domestic violence orders are governed by the Domestic and Family Violence Act 2007.
What is domestic violence?
Domestic violence includes a broad range of conduct, including physical assaults, property damage, intimidation, stalking and economic abuse.
It can occur between partners or ex-partners, or between family members including siblings, parents and children, cousins, aunts and uncles and nieces and nephews. It can also occur in carer relationships.
Domestic violence orders
A domestic violence order (DVO) is a court order restricting the behaviour of a person towards another person.
A person can apply for a DVO or the police can apply for one on their behalf.
A court may make a DVO against you if satisfied that there are reasonable grounds for a person to fear domestic violence from you.
A DVO may impose whatever restraints the court thinks are necessary or desirable to prevent domestic violence, including:
- prohibiting you from contacting a protected person
- prohibiting you from approaching a protected person
- prohibiting you from having contact with a protected person while intoxicated
- prohibiting you from abusing, assaulting, threatening or harassing a protected person.
It is a criminal offence to breach a DVO, with penalties including fines and terms of imprisonment.
Personal violence orders
A personal violence order (PVO) is like a domestic violence order, but it is made between people who are not in a domestic or family relationship.
A PVO is made under the Personal Violence Restraining Orders Act 2016.
Before the court may hear an application for a PVO, it must refer the parties to mediation unless it is inappropriate to do so. If mediation does not resolve the situation, the court will hear the application.
A PVO will be made if the court is satisfied that personal violence has been committed or is likely to be committed. The order may impose whatever restraints the court considers necessary or desirable to prevent violence against the protected person.
Why choose us?
We have extensive experience in acting for applicants and respondents in domestic violence order applications, police DVO applications and personal violence order applications. We can assist you to navigate through this complex area with discretion and expert legal representation.
K. E. Roussos and Associates is committed to delivering clear, strategic and client-focused legal solutions. Contact our lawyers today.