Domestic Violence Order (‘DVO’), also known as “protection” or “restraining” orders are made by the court to prevent domestic violence against the person bringing the application (“the aggrieved”). The imposition of a Domestic Violence Orders will generally impose certain conditions against the person committing the violence (“the respondent”) and prevent any further violence from occurring.
Both conditions and the DVO itself are very serious, and any breach of these orders will constitute a criminal offense.
You can directly apply to the court for a DVO order to be made, or ask a lawyer, welfare worker, friend, or family member to apply on your behalf.
Alternatively, you can make an official complaint to the police to bring an application on your behalf. When a complaint is made with the police, they will issue the respondent with a protection order notice (informing them of the DVO application) or take the person into custody for up to 8 hours.
All DVO orders impose a condition of good behavior on the respondent requiring them to not commit any further violence against the aggrieved and any other persons named in the order (usually a child of the relationship, family member, or close friend). The order may also include conditions such as the respondent: –
A respondent who directly or indirectly breaches a DVO order (in the absence of written consent by either the aggrieved or the court) may have criminal charges brought against them. To determine what conditions would be suitable in your specific situation, seek legal advice.
If you think the order or any condition of the order has been breached, you should immediately write or obtain as much evidence as possible to be used in court.
Any photographs, pictures, descriptions, screenshots, recordings, or letters may be used against the respondent in court.
If a complaint is made to the police that the Domestic Violence Order has been breached, an investigation must occur, and the respondent may then be charged for any breach.
If the respondent is found guilty of breaching the DVO Order, the court may impose a community service order, good behavior bond, a fine up to $15,380, or a 3-year term of imprisonment.
If the respondent has previously been convicted of a domestic violence offense, the penalty may increase to a 5-year term of imprisonment or a $30,760 fine.
The sentence imposed against the respondent will depend upon the severity of the circumstances of the breach. As the penalties for breaching these orders are serious, failure to comply with any order should not be taken lightly.
The minimum term the court will impose an order for is 5 years. However, if there are special circumstances to the case, the Judge has the power to decrease or increase this amount of time.
Although an order may apply to a five-year period, the terms and conditions of the order may be changed by submitting a DV 4 Application, which is able to vary a domestic violence order.
To learn more about this, please contact the Brisbane family lawyer team at James Noble Law for a FREE 20-minute consultation today to schedule an appointment with one of our Qualified and experienced family lawyers Brisbane.
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