What to consider when contesting a Domestic Violence Application
Does a relevant relationship exist?
Not all relationships are protected by the Domestic and Family Violence Protection Act. For an order to be granted the Applicant must establish that the relationship is:
- an intimate personal relationship;
- a family relationship; or
- an informal care relationship.
If the Applicant can not establish this then the Court can not grant a Protection Order.
Does the application establish that Domestic Violence has occurred?
The Applicant must establish that an act of Domestic Violence has occurred. Domestic Violence means behaviour towards another person that is abusive, threatening, coercive or controlling of the other person.
If the behaviour does not meet the threshold of Domestic Violence then the Court can not grant a Protection Order.
Does the application set out why it is necessary or desirable for an Order to be made?
If you agree that there was an act of domestic violence and that you are in a relevant relationship, you may still contest the making of a protection order.
The Applicant has to satisfy the Court that the making of a Protection Order is necessary or desirable
Are the conditions sought reasonable?
The Applicant can seek an order with the mandatory conditions, to be of good behaviour and not to commit acts of Domestic Violence.
The Applicant can also seek more restrictive conditions such as no contact direct or indirect. They may also seek conditions that require you to leave the family home and not return.
You should very carefully consider the conditions that are being sought and think about whether they are reasonable. In some instances it may not be practicable to have no contact with the Applicant, for example if there is a need to see mutual children or attend a joint workplace.
In considering whether it is necessary or desirable to make a protection order the court must consider the principles set out in Section 4 Domestic and Family Violence Protection Act 2012 and whether any voluntary intervention has been entered into.
Who else does the order seek to protect?
A domestic violence application can seek to protect:
- the aggrieved;
- children who usually live with the aggrieved; and
- relatives and associates of the aggrieved.
A protection order can restrict contact with not only the Aggrieved but also, children, relatives and other associates.
Will a Lawyer Help?
Our lawyers have a wealth of experience in Domestic Violence matters and can provide you with pragmatic advice. We can assist you in understanding the conditions that are being sought and appear as advocates.
Disclaimer
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
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