Applying for a Domestic or Personal Violence Order

 

Different legislation underpins applications for Domestic Violence Orders (DVOs), and Personal Violence Restraining Orders (PVROs), however the process for each and the relevant legal tests are broadly similar. An application for a DVO or PVRO can be made to the Local Court. 

 

DVOs are designed to protect people from others that they are in a domestic or family relationship with. PVROs can be applied for against any person who has committed a personal violence offence against you, or is deemed likely to commit such an offence in the future. 

 

The definitions of domestic and personal violence are broad and not only include offences of violence but also intimidation, stalking, damaging property, injuring animals, economic abuse, or attempts or threats to do any of these things.

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An application for a DVO or PVRO can either be consented to or contested. Consent to the application can be given without any admissions being made to the conduct alleged by the other party. Where the defendant wishes to contest the application it will be listed for a hearing where a Judge will take evidence and determine if the order is appropriate. The parties can also negotiate on the terms being sought. 

 

Where a DVO or PVRO application is granted the defendant will be subjected to specified conditions. Conditions can include restrictions such as a prohibition on exposing the protected person to certain behaviours, being in their company while intoxicated, or even making contact with them by any means whatsoever. Breaching the conditions is a crime. If the defendant holds a firearms licence this will be revoked and they will be required to surrender any firearms in their possession to the police.

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In certain circumstances, alternative court orders such as an undertaking to the court can be used to avoid firearm licence revocations.

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If you wish to apply for a DVO or PVRO, or somebody has commenced these proceedings against you, legal advice is recommended to ensure that you are aware of your rights and obligations and can properly advance your case.