Domestic Violence - how can a solicitor assist me

Domestic violence is a form of violence that occurs within a relationship. 

There are many forms of domestic violence, including:-

1. physical abuse;
2. emotional abuse; and
3. threatening or intimidating behaviour.

If you have been experiencing domestic violence, you may wish to make an Application for a Protection Order (often referred to as a "DVO").  The person making the Application is known as the "Aggrieved", and the person who is responding to the Application is known as the "Respondent".

A mandatory condition of a DVO is that the Respondent will be of good behaviour towards, and not commit acts of domestic violence against, the Aggrieved.  You are also able to ask the Court to impose further conditions, such as a condition preventing the Respondent from contacting you or approaching you.

A solicitor can assist you in preparing and filing your Application.  Once the Application is filed, it will be served on the Respondent.  The Respondent can consent to the DVO being made, or contest the Application.

The Court will only make a DVO in circumstances where you are able to prove that:-

1. There has been an act of domestic violence; and
2. There is a relevant relationship between you and the Respondent; and
3. That a DVO is necessary and desirable in the circumstances.

If the Application is contested, the matter will be set down for Hearing.  There are a number of steps which must be taken before the Hearing, including the Court determining whether it is necessary to issue a Temporary Protection Order to protect you from further acts of domestic violence between filing your Application and the Hearing date.

When your matter is listed for Hearing, you will receive directions to file material in support of your Application.  You should file a detailed Affidavit setting out the previous incidents of domestic violence, and any concerns or risks of future domestic violence occurring.  You may also wish to have other people who have witnessed acts of domestic violence file an Affidavit in support of your Application.

It is important to seek legal advice to assist you in making an Application, and to help you prepare your material for Hearing.  It is important that all relevant information is provided to the Court, and your solicitor will assist you to draft your material.  The process can be emotional and stressful, and your solicitor will help you to understand the process and will speak on your behalf when you are at Court.

Please contact our office on (07) 4963 2000 or via our online contact form, if you would like any further information about making, or responding to, an Application for Domestic Violence Order.