A domestic violence order (DVO) protects people from domestic and family violence. Whether you are seeking protection or named as a respondent, understanding how DVOs work is essential.
A domestic violence order (DVO) is a court order that restricts the behaviour of a person who has committed, or is likely to commit, domestic violence. In Queensland, DVOs are made under the Domestic and Family Violence Protection Act 2012. The person protected by the order is called the aggrieved. The person against whom the order is made is called the respondent.
A DVO can contain a range of conditions depending on the circumstances. Common conditions include no contact with the aggrieved, no approaching the aggrieved's home or workplace, and no threatening or intimidating behaviour. In serious cases, an ouster condition may require the respondent to leave a shared home. Conditions vary significantly from case to case.
DVOs are made by the Magistrates Court. They can be applied for by the aggrieved person, by police on behalf of the aggrieved, or by a support person with the aggrieved's consent. In many cases, police apply for a temporary protection order (TPO) at the time of responding to an incident. A TPO is an interim order that remains in place until the matter is heard by a court.
If you are named as a respondent in a DVO application, you are entitled to legal representation and to contest the application. Being named as a respondent does not mean an order will automatically be made against you. The court must be satisfied that domestic violence has occurred or is likely to occur. A lawyer can help you understand the evidence against you and put your case to the court.
A DVO is a civil order, not a criminal charge. However, breaching a DVO is a criminal offence that can result in arrest, prosecution, and a criminal record. If a DVO exists and you are unsure whether particular conduct would breach it, seek legal advice before acting.