Types of Domestic Violence Orders
There are several types of Domestic Violence Orders.
Temporary Protection Order
Temporary Protection Orders are designed to provide you with protection from domestic violence until your application has been heard and determined by a court. They are granted by magistrates at the first court hearing in the matter if the magistrate is satisfied the order is necessary or desirable to protect you, your children or the other people named in your application. This is a low threshold and it is important that you have representation at this first court date or you may find that through the entire court process, the conditions imposed severely restrict any interaction with your partner and/or children.
A Protection Order is a final order granted by the court. It can occur either by consent of both parties, or by the magistrate at the conclusion of a hearing where parties have given evidence as to why the order should/should not be granted.
The respondent (person who has had the application made against them) may elect to agree to the court granting a DVO. This is referred to as a consent order. For a consent order to be made, the court does not need to be satisfied that domestic violence has occurred or that the order is necessary or desirable to protect the aggrieved from domestic violence.
In consenting to the order, the respondent is not required to make any admissions to the facts contained in the application. It is vital that you obtain legal advice prior to consenting to an order as any admissions made to the facts can be used against you in subsequent proceedings in both the Magistrates and Family Court.
Order Granted at a Hearing
If the respondent contests the application, a date is set for the parties to attend a court hearing. Once evidence has been given, the magistrate will decide whether to grant the Protection Order. It is important to keep in mind that if the magistrate grants a Protection Order after hearing evidence, it is considered a finding of fact. In short, this means that the magistrate has heard the evidence and has determined that the respondent has committed family violence. Again, obtaining legal advice is paramount when considering your options as a magistrate finding against you at a hearing will cause ongoing problems with subsequent Magistrate Court and Family Court proceedings. Contact Armstrong Legal.