Domestic Violence - who can be protected?

A large number of people can be protected by a Domestic Violence Order, commonly known as a “DVO”.

Who can apply for a Domestic Violence Order?

The “Applicant” in an Application for a Domestic Violence Order can be either the person wanting the DVO to be made or an authorised person, such as a Police Officer, who is acting on their behalf.  The person who will be primarily protected by a DVO is known as the “Aggrieved”.  The person who the DVO will affect is known as the “Respondent”.

To make an Application for a Domestic Violence Order, you must be able to show there is a “relevant relationship”.  You are able to show a relevant relationship if you are:-

• the spouse of the person (you do not have to be married);
• a former spouse of the person;
• both parents of a child;
• in a family relationship with the person, by blood or by marriage; or
• dependent on the other person for help with tasks that relate to your daily living.

Each of these relationships is defined, and covers a wide range of people.  If you are unsure as to whether you are able to make an Application for a Protection Order, please contact our family law team at Wallace & Wallace Lawyers for further information.

Who else can be protected by a Domestic Violence Order?

In addition to the Aggrieved, a wide range of other people can be included and protected by the terms of the DVO.  These people are known as a “named person”.

People who can be a “named person” under the order include:-

• a child of the Aggrieved;
• a child who usually lives with the Aggrieved;
• a relative of the Aggrieved; and
• an associate of the Aggrieved.

For a person to be a named person on the DVO, that person must have been exposed to acts of domestic violence, or had acts of domestic violence directed towards them, by the Respondent.

In determining whether to include a child on a DVO, the court must be satisfied that the child has been exposed to domestic violence.  The child will be taken to have been exposed to domestic violence if they see domestic violence or otherwise experience the effects of domestic violence.  A child may then be included on the DVO if the court is satisfied that it is necessary or desirable to protect the child from being exposed to domestic violence or associated domestic violence.

In determining whether to include a relative or associate on the DVO, the court needs to be satisfied that naming the relative or associate is necessary or desirable to protect the relative or associate from associated domestic violence.