Family Violence Orders

If you’re in an abusive relationship, then you may have considered taking out an Order to help stop that violence from occurring. Depending on which Australian State you are in, these Orders may be referred to as a Domestic Violence Order, Apprehended Violence Order or Intervention Order.

Here, we’ll look at what Family Violence Orders are, how to apply for a Family Violence Order and how you can vary or contest a Family Violence Order that has been made against you.

Is there a difference between an AVO a DVO and an Intervention Order?

In Australia, each state has its own laws that govern Family Violence Orders.

In Queensland, this is the Domestic and Family Violence Protection Act 2012.

As the legislation varies between states, the actual name of the Orders issued by the court also varies. Order

In Queensland, these Orders are officially known as Domestic Violence Orders (DVOs). This is also the case in the Northern Territory and the ACT.

In New South Wales, these Orders are known as Apprehended Violence Orders.

In South Australia and Victoria, Violence Orders are known as Intervention Orders.

In Western Australia, they’re known as Restraining Orders and, in Tasmania, they’re called Family Violence Orders.

What is a Family Violence Order?

A Family Violence Order can protect you if you’re experiencing violence in a domestic or family relationship. Domestic or family violence can come in various forms, including:

• Physical abuse;
• Sexual abuse;
• Emotional abuse;
• Psychological abuse;
• Financial abuse;
• Stalking;
• Threatening;
• Intimidation; or
• Harassment.

If you’re unsure whether the abuse you’re suffering  amounts to domestic or family violence, you should consult a lawyer who will be able to provide you with further information.

A Family Violence Order is made by a Court and is designed to keep victims safe from experiencing further violence or abuse.

The Order is usually made for a set period of time and will contain certain conditions that your abuser must abide by. These conditions will at minimum, include an Order that the respondent be of good behaviour and not commit further acts of violence against you.  Further conditions may also prevent them from contacting you, approaching you or attending at your residence or workplace.  In some circumstances, Orders can also be made for the respondent to vacate or leave a shared residence.

How do I apply for a Family Violence Order?

An application for a Protection Order can only be made by an aggrieved person, an authorised person for the aggrieved, a police officer, or a person acting under another Act for the aggrieved. The application process also varies by state. If you’re unsure how to file your Family Violence application and you think you may be in immediate danger, then you should call 000.

Parties in need of immediate protection are  able to apply for a Temporary Protection Order that will protect you (and any other named persons on the Order) while the court considers your full application.

In Queensland, you can apply for a Protection Order online. The form will take you around an hour to fill out and you’ll need to explain who is harming you (or threatening to harm you), what happened, when it occurred and what protection you need.

If you don’t feel comfortable applying for a Protection Order by yourself, then you can ask the police to apply for an Order for you. Alternatively, a lawyer, a friend or a family member can also apply for you.

How do I vary a Family Violence Order?

The process for varying a Family Violence Order to extend or reduce the timeframe or vary or revoke the conditions, varies from State to State. In Queensland, not only can the aggrieved person make an application to vary the DVO, but the respondent and/or a named person, can also apply to make changes to the current Order.

If your circumstances change and you believe that the protection Order should be altered, you can ask the court to:

• Add or remove conditions;
• Add or remove named people; or
• Extend or reduce the time the Order is in force.

If an Order has been made against you in Queensland and you disagree with the decision made, you can appeal against the decision of the Magistrate. To do this, you’ll need to lodge an appeal at the District Court within 28 days of the decision.

Contact Damien Greer Lawyers to Learn More About DVOs in Queensland

If you’re considering making an application for a DVO in Queensland to protect you from domestic violence, From your initial consultation to the court’s final decision, we’ll be with you during every step of the process, treating your matter with the sensitivity it deserves.