Ferrall & Co.
Frequently Asked Questions
Domestic violence doesn’t start and stop at physical abuse and you don’t have to be physically violent to your partner to have a credible Domestic Violence Order (DVO) made against you. Behaviour such as controlling finances, harassment such as sending unwanted text messages and social media communication, all fall under the definition of domestic violence in the legislation.
An Application for a Protection Order is the legal term for an Application for a Domestic Violence Order (DVO). The person being protected by the DVO is called the ‘aggrieved’ whereas the person being served the application is the ‘respondent’.
Having a Domestic Violence Order (DVO) put against you is a big deal. These are very real documents that can have dire consequences on your life and freedom. If you have been served with an application for a protection order, the actions you take in the coming days could impact your life, and your children’s lives, for years to come.
When in this situation, your safest and smartest move is to seek solid legal advice that will guide you to the best outcome and help you know where you stand in the proceedings.
Having a DVO put against you can have a significant impact on your life and these new rules can take place from the very first Court appearance.
Having a DVO against you can:
- Stop you from going home and force you to move out
- Dictate where you can and can’t go
- Turn certain normal actions into criminal acts – for example making a phone call or going to your house can result in police charges.
If you don’t follow the conditions and you breach what the order says, there are serious criminal consequences that can lead to imprisonment.
The application will be heard in your absence and what the police, or other party, have asked for will be put into an Order that could last up to five years.
Going to court means you are able to tell your side of the story. While you will not get in trouble for not going, you must go to Court if you want to be heard. If you choose not to go, the matter will be heard and a final decision will be made without you, which will be a DVO.
Orders can be made against current or former partners but can also be made against other people in your family such as parents, children, siblings, or even informal carers.
Children or other family members of the aggrieved can be named in an Order and protected in the same way as the aggrieved, even if they have not directly suffered acts of domestic violence but have been exposed to it.
Often you won’t be allowed to contact the other party. Which means, in doing this you may be breaching the Temporary Protection Order. This will be a criminal offence.
No. DVO proceedings are confidential. It is an offence to publish or communicate certain information about the proceedings and you may be liable for criminal prosecution if you do. Ferrall and Co. advises you to avoid all posts and discussions. Even if they aren’t considered criminal offences, you may be giving the other party evidence against you.
No. You aren’t allowed to move back in until the Court has granted permission. Otherwise, it is likely to be a breach of the DVO and a criminal offence.