What Happens at a DVO Hearing?


At a DVO hearing, both parties attend court and answer any questions that the other party and/or Magistrate ask of them in relation to the previously filed affidavit they prepared. These affidavits outline all of the evidence each party wish 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 application for 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 the 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 into the 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.
You can then obtain advice as to what your options are and what is in your best interest.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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