This article was written by Fernanda Dahlstrom - Content Editor - Brisbane
Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.
Domestic Violence
Domestic Violence can involve a wide range of behaviour, including physical, emotional and verbal abuse, as well as stalking and intimidating a person with intent to harm. Domestic Violence Orders (DVOs) may be issued to protect a person from such behaviour. DVOs are made in the Queensland Magistrates Court.
What is a Domestic Violence Order?
A Domestic Violence Order (DVO) is an order restraining a person from having certain forms of contact with another person on the basis that there has been domestic violence between the parties and the other person needs to be protected from it.
A DVO may prohibit a person from contacting another person entirely, or it may only restrain them from abusing, threatening and assaulting them.
A DVO can be made against a partner, ex-partner, parent, child, sibling or anyone else with whom a person has a domestic or family relationship.
Types of DVOs
There are many different types of DVOs that can be made in Queensland. A DVO may be made on a temporary basis, until the court has made a final decision on an application, or it may be made on a final basis. A DVO may be made by consent or after a contested hearing.
How to Remove a DVO
If a DVO has been made on a final basis and a party wants to have it lifted or changed, they can make an application to the court to vary or remove the DVO.
Conditions of a Domestic Violence Order
When a DVO is made, it will have detailed conditions attached to it. These may include not contacting the protected person or not contacting them when intoxicated. All DVOs have the standard condition that the respondent must be of good behaviour towards the protected person.
Breach of DVO
When a person breaches the conditions of a DVO, they commit a criminal offence. A breach of a DVO can attract a fine or a period of imprisonment.
What happens at a DVO hearing?
When a person (the aggrieved) applies for a DVO against another person (the respondent), the respondents has the right to contest the application. If this occurs, the matter will be listed for a hearing. At the hearing, both parties will have the opportunity to call evidence and make submissions. The court will then decide whether a DVO should be made or not.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.