If you are in a domestic relationship and the subject of domestic violence you may be eligible to complete a DV application for a Domestic Violence Protection Order. The person applying for the Order is called the Applicant. The person being served with the application is the Respondent.
The process is relatively straightforward. Domestic Violence Legislation is aimed at protection rather than punishment. The process has been simplified to ensure that DV applications can proceed in the best interests of the parties. The clear intention of the legislation is to act protectively.
You need to attend the Registry of your nearest Magistrates Court and obtain an Application for a Domestic Violence Protection Order.
A DV Application can also be downloaded online.
Completing the DV Application.
You should complete the DV Application providing as much detail as you can to ensure that the Magistrate understands your situation.
You can apply for an urgent Temporary Protection Order. The Court registry staff can assist you with this. An urgent Temporary Protection Order (TPO) is an Order that is made in the absence of the Respondent, or person from whom you are seeking protection. If a Magistrate decides that it is necessary and desirable they can make an Order protecting you from the Respondent on a temporary basis, until the Respondent is served and appears in Court.
You do not need to serve the DV Application on the Respondent, the Police will look after this for you.
MENTION
Generally, unless you have an urgent Temporary Protection Order Application, the Registry will list your matter for a “Mention” three to four weeks after your DV Application is lodged. This is not a Hearing date and often the matter will not be finalised.
This is simply a date where the Magistrate is advised what is happening with the application. In some instances the Respondent will not have been served and the matter will need to be adjourned for another Mention.
Where the Respondent has been served and simply does not attend Court, the matter may proceed to finalisation. A Magistrate may grant a final Order where there has been no appearance by the Respondent.
If the Respondent has been served and consents to the making of an Order, the Magistrate may grant the final Order and the matter will be at an end.
If, however, the Respondent does not consent to the making of the Order the matter maybe listed for a Hearing.
HEARING
The Hearing of a Domestic Violence Application is conducted before a Magistrate. They will determine:
- whether a domestic relationship exists;
- whether an act of domestic violence has occurred; and
- whether it is necessary and desirable for a Protection Order to be made.
At the Hearing your evidence may be by way of Affidavit or alternatively you may be required to give evidence by sitting in the witness box.
If the Respondent does not agree with what you say, they have an opportunity to cross-examine you either in person or through their legal representative.
The Respondent may also give evidence by way of an Affidavit or in person, in the witness box. You are also entitled to cross-examine the Respondent if you do not agree with what they say.
An Applicant has the opportunity to have the Police Prosecutor appear on their behalf or alternatively they can have a private Domestic Violence Lawyer or a Legal Aid Solicitor appear.
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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