Domestic violence is an ongoing issue which affects thousands of individuals across Australia every year. Domestic Violence Orders (DVOs) help to protect victims by ensuring safety and restricting perpetrators’ actions. If you have no idea about how these orders work, or whether you would be in need of one, this guide illustrates the process and highlights the help on offer to allow you to act.
What is Domestic Violence in Australia?
Australian domestic violence is not only physical. Domestic violence includes emotional, psychological, financial, and sexual abuse, threats, intimidation, or any other action that attempts to control or coerce another individual. It could be between a partner, ex-partner, family members, or in close personal relationship. It serves to know what domestic violence is so the abuse can be identified and known when to look for help.
Who Can Obtain a Domestic Violence Order?
Any individual who is suffering from domestic violence can request a DVO from their own Magistrates Court, but they do not necessarily have to. The police will also apply for a DVO on your behalf if they believe that your safety is at risk. Applications may be made directly by the victim or, in some locations, by a third party on behalf of the victim, for instance, a member of their family or support worker.
Other people living in the residence, like children, and others may also be included in the order if the court finds it appropriate that they be protected.
What Happens After a DVO Is Granted?
If the court enters a DVO, it makes some legal restrictions on the respondent (the person against whom the order is entered). The orders can prevent the respondent from approaching the victim, prevent the respondent from contacting or approaching the victim, prevent the respondent from visiting specific locations, or prevent future violence or harassment. Breach of a DVO is a serious criminal offence and can invite serious legal consequences, including jail or fines.
For how long a DVO will last depends on the case and the decision of the court, but as a rule, they will be at least for one year or until it is resolved.
Getting Legal Advice and Assistance
The application process for a DVO can seem overwhelming, but assistance both legally and emotionally is available. Services like Legal Aid, neighbourhood legal centres, and domestic violence hotline services are available at little or no cost to support victims step by step. Support services can assist with filling out applications, court proceedings, and advocating for your rights. Contact Dam Lawyers or another reliable law specialist to get started today.
Aside from legal assistance, counselling and shelter is also provided to victims and risk families to be emotionally guided and protected.
Empowering Victims Through Knowledge and Action
Learning about Domestic Violence Orders and how they work is the starting point for getting back your control and safety. Domestic Violence Orders are tools used that prioritise victims’ health and safety and provide a means for holding abusers responsible. As much as you need legal representation, support groups, or a tangible step that may lead you to get an issuance of a DVO, you don’t need to accomplish all this independently. You are supported.
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