Defending a Domestic Violence Application
Domestic Violence Applications are treated very seriously by the Courts in Queensland and Australia wide.
It is very important that you are legally represented as soon as possible. You need the appropriate guidance and advice early on to prevent significant issues arising or adverse consequences later. At Fortisen Legal we provide legal services for Defending a Domestic Violence Application.
What is a Domestic Violence Order or Protection Order
For a Court to make a Domestic Violence Order (also called a DVO or Protection Order), there must be a relevant relationship between the aggrieved (the Applicant) and you. If the aggrieved does not have a relevant relationship, they cannot apply for a Domestic Violence Order. A relevant relationship is an intimate personal relationship, a family relationship or an informal care relationship.
A Domestic Violence Application is a request to the Court by the aggrieved for the Court to make a Domestic Violence Order. A Domestic Violence Order puts limits on your behaviour. You must be well behaved towards the other person and anyone else named in the Domestic Violence Order. In certain circumstances, the Domestic Violence Order can also dictate your behaviour towards your children, relatives or friends. The Domestic Violence Order will usually remain in force for up to two years, or longer if there are special reasons.
Other conditions could include Orders to prevent you:
- approaching the aggrieved’s workplace or home
- from going near the aggrieved, their relatives or friends, eg you might have to stay at least 100 metres away
- living in the home you share with the aggrieved
- trying to locate the aggrieved
- having any contact with the aggrieved by telephone except for mediation or counselling
- going to places where the aggrieved’s children frequently visit, like their school or kindy.