This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
What Happens at a DVO Hearing?
At a Domestic Violence Order hearing, both parties attend court and answer any questions from the other party and/or magistrate about their filed affidavits. These affidavits outline all of the evidence each party wants to rely on to support their case.
Once both parties have had the opportunity to argue their case, the magistrate will then decide if the order should be granted, and if so, which conditions should apply.
Will I get a criminal record if the magistrate makes an order against me?
No. A DVO does not affect your criminal record. If you breach the DVO, the court may record a criminal conviction against you which will affect your criminal record.
What are the consequences of a DVO being made against me?
If the magistrate grants a Temporary Protection Order against you, any weapons licence you have will be suspended.
If the magistrate grants a Final Protection Order, you must surrender your weapons and licence to police within 24 hours of being made aware of the DVO.
What do I do if I have had a Temporary Protection Order served on me?
You should contact a legal representative and provide them with a copy of the order. They will clarify the conditions imposed on the order to ensure you are fully aware of what you can and can’t do in relation to the aggrieved.
For advice or representation in any legal matter, please contact Armstrong Legal.