If you experience domestic violence, support is available on 1800RESPECT (1800 737 732) or through their website.
A DVO is an official document that the court issues to protect someone from domestic violence. The person the DVO is made against is the “respondent”, and the person it is made by, or on behalf of by the police, is the “aggrieved”. Protective measures outlined in the order can include preventing contact in any form including but not limited to phone, email, social media, and in-person. It may also stop the respondent from coming within a certain distance of a home, workplace, or other regular place the aggrieved would attend.
What if the police have taken out the DVO?
The police will take out an order if they see the need for someone to be protected immediately. Soon new legislation in Queensland will allow police to issue a DVO on the spot that can be in place for up to a year. Previously, they could only issue an order for a five-day period unless it was extended in court. This will be in effect from January in an effort to reduce the growing numbers of domestic and family violence.
Is a DVO a civil or criminal matter?
A DVO is a civil matter, however if it is breached it becomes a criminal case. Since it’s a civil matter, it’s on a balance of probabilities. That means for an order to be successfully made, the case doesn’t need to be beyond a reasonable doubt. On the other hand, criminal cases can result in imprisonment therefore require a higher standard of proof to make sure there is a fair outcome.
A DVO doesn’t go on someone’s criminal record and won’t show up on a standard police check unless it is breached. It is however in the police database and may show up in more detailed background checks for jobs with high security requirements.
Does the aggrieved need to attend court?
In many situations the aggrieved will need to attend court to provide evidence. However, in some cases police can use body worn footage as a statement. There are also some cases where the aggrieved can have a lawyer attend on behalf of them or attend court virtually via phone or video conferencing.
What happens if a DVO is not followed?
If a police protection notice isn’t followed, the respondent will be charged criminally, potentially without even going to court. This could also result in refused bail and being remanded in custody. People who breach a DVO can be sentenced to up to three years in prison for the first breach, and five for any further breaches within the space of five years.
Can a police protection order be cancelled?
In Queensland, you can apply to change or cancel a police protection order (Domestic Violence Order) but it is up to the court to decide. Until this decision is made, the order will remain in place. To request these changes, you’ll need to complete a DV4 form.
When the police take out an order, they are considered the complainant. It’s ultimately up to them whether to drop the order, but the aggrieved or the respondent (the person that order is against) can appeal the decision.
What if both parties have a DVO against each other?
When both parties have a DVO against each other it’s called a cross application. The same rules we’ve outlined above will apply to changing or cancelling the orders. In accordance with the Domestic and Family Violence Protection Act 2012, you should tell the court if you have a cross application. In most cases your orders will then be heard in the same court.
If you need assistance with a DVO, our lawyers can help guide you through the process and navigate court appearances. Get in touch for a confidential discussion.