Many people experience violence in their intimate personal relationships. People facing violence in a family relationship can seek help through a domestic violence order.
Police can aid with applying for an order when they investigate domestic violence situations. What is a domestic violence order, and how do you make an application?
What is a domestic violence order (DVO)?
A domestic violence order (DVO) from the Court protects someone experiencing domestic violence and family violence. It aims to provide immediate protection and prevent further incidents of domestic violence. Breaching the order is a criminal offence that will attract a penalty.
Conditions in a DVO
All DVOs have certain standard conditions. As per the Queensland Law Handbook, these standard conditions are that the respondent:
Be of good behaviour and must not commit domestic violence or associated domestic violence towards the aggrieved.
Be of good behaviour towards any adult named person.
Not commit associated domestic violence against any adult named person.
Be of good behaviour towards a named child.
Not commit associated domestic violence against the named child.
Not expose the child to domestic violence.
The Magistrates Court can impose additional conditions depending on the circumstances. These may include the respondents:
Not attempt to visit or contact the aggrieved;
Return the aggrieved’s property or permit the aggrieved to retrieve their property;
Not approach a location associated with a child (e.g. a school or kindergarten).
Types of Dometic Violence Orders
In Queensland, there are two types of DVO.
Protection order
Magistrates grant protection orders after an application process to protect a victim of domestic or family violence. The standard time frame for a DVO is five years. However, this can vary. An order may be in effect for less than five years. The Court may extend it if it’s considered appropriate.
Temporary protection order
Some victims are at immediate risk of domestic violence. Temporary protection orders assist these at-risk victims. It applies when the magistrate considers an application for a full protection order. The victim or a police officer can apply for the order.
You can apply for a temporary order and a full order at the same time.
Applying for a DVO
Here’s the application process for a DVO. The application doesn’t have a fee associated with it.
Step 1:
Complete the DV01 form. The form is on the Queensland Courts website. You can fill out the form in various ways.
Complete the form online.
Complete the interactive PDF.
Print the PDF and complete it by hand.
Complete the form at your local Magistrates Court.
Sometimes, you can’t fit all the details you’d like to on the form. If this happens, attach a separate document to the form.
Step two:
Sign the Statutory Declaration. A Justice of the Peace must witness the signature.
Step 3:
File the application with the local Magistrates Court by post or hand.
Information to include
When describing incidents of domestic and family violence, include as many details as possible. Document circumstances where violence was enacted and how it occurred. Detail any circumstances where violence was threatened. Try to recall the exact words your partner used if applicable.
Children’s names
You can elect to name any children on the form, including any born or unborn children who regularly spend time at your residence. Any child named will be protected by the conditions of the order if it’s granted. If the magistrate determines that the respondent has committed domestic violence, they may decide to include any children on the order, whether you nominated them or not.
Getting help
The following helplines provide critical assistance if you’re experiencing domestic violence.
DVConnect Womensline
1800 811 811
DVConnect Mensline
1800 600 636
Kids Helpline
1800 551 800
1800 Respect
1800 737 732
Sexual Assault Helpline
1800 010 120
Lifeline
13 11 14
Conclusion
Domestic violence impacts the lives of many Queenslanders. A Domestic Violence Order (DVO) offers protection for anyone suffering abuse from a family member or intimate partner. The conditions in a DVO prevent the respondent from committing or threatening any more violence. The application process is simple and doesn’t have a fee. If you’re looking for assistance, helplines are available.
If you have domestic and family violence concerns, you’re not alone. Our domestic violence lawyers are here to help you. Call our office today. We can set up an initial consultation.
Don’t let legal issues stress you out. Contact us today for a free consultation.
