Application to Vary a Domestic Violence Order
If your circumstances change, you can apply to the Court to vary a Domestic Violence Order (also called a DVO or Protection Order).
Alternatively, you may find yourself defending an Application to vary a Domestic Violence Order. The Application may add conditions or seek to remove conditions to a current Order.
An Application to vary a Domestic Violence Order will need to clearly and concisely state why the Application is being made and what variations are being sought. The Application must be filed in the appropriate form and needs to be served on the responding person.
A Court may only vary the order only if the court considers that the safety, protection or wellbeing of the aggrieved person will not be adversely affected.
The Court will take into account:-
- Any expressed wishes of the aggrieved person; and
- Any current contact between the aggrieved person and the respondent;
- The findings of the Court that made the domestic violence order;
- Whether a voluntary intervention order has previously been made and whether the respondent has complied with it; and
- Whether the police commissioner has been given a copy of the Application for variation (a Court must not vary an order if the police commissioner has not been given a copy).
- On the first return date, the Court will need to consider whether a Temporary Domestic Violence Order should be made until the final hearing.
Any variation to a Domestic Violence Order or the making of a Temporary Domestic Violence Order, can have a significant impact on you. Getting the right legal advice helps you to ensure your position is put before the Court and any variations that are made are fair and just.
If you agree to an Order being made
There are circumstances where agreeing to the Domestic Violence Order may be the best approach, even if you disagree with the allegations against you.
There are also circumstances when you should NOT agree to the Domestic Violence Order being made, even if you are being pressured to concede.
If you agree to the Domestic Violence Orders being made, you will need legal advice about the terms of the Domestic Violence Order.
Although, the behaviours set out in the terms of the Domestic Violence Order are not ordinarily considered to be criminal behaviour, because they are contained within the Domestic Violence Order a breach of those terms may result in criminal sanctions against you.
It is important that you are represented to give you the best opportunity to have input about the terms that are included in the Domestic Violence Order.
If you disagree to an Order being made
If you disagree with the Domestic Violence Order being made, you will have to go to Court.
The Court hearing doesn’t happen straight away (and can sometimes be months later) but you will need time to prepare your case.
You need to make important choices about the steps to be taken before the hearing, what evidence and documents you are going to put before the Court and what witnesses you should subpoena (if necessary).
These decisions can be confusing, stressful and time consuming. Having cost effective legal representation will be the wisest decision you make.
Ultimately, the Court will decide whether or not to make a Domestic Violence Order against you once it has heard all the evidence.