DOMESTIC VIOLENCE RESPONDENT
If you have been served with a Domestic Violence Protection Order Application you are referred to as the respondent. As a Respondent you should give thought to how you want to proceed with the Application. You may either:
- contest the Application; or
- consent to the making of an Order.
If you do not appear in Court then the Magistrate can make a Domestic Violence Protection Order in your absence. This will mean that the Order is made and that the conditions being sought by the Applicant will be granted.
PROTECTION ORDER CONDITIONS
You should carefully consider the conditions that are being sought. The Court has a power to prohibit you from coming within particular distances of specified addresses and or people. They can even exclude you from attending your own premises. If you are in any doubt you should urgently contact a Solicitor for advice.
FIRST RETURN DATE OPTIONS
At the first return date you have a number of options:
- Request an adjournment;
- Consent to the making a DV protection Order; or
- List the DV Application for hearing.
CONSENT TO DOMESTIC VIOLENCE ORDER
You can appear in Court and agree to the making of a Domestic Violence Protection Order. You might advise the Court that you do not agree with any or all of the allegations contained within the Application, but you nonetheless wish to consent to the Order being made.
In those circumstances the Magistrate will make a two year Domestic Violence Order. The conditions being sought by the Applicant will likely be granted.
If you are uncertain about how you wish to proceed with the matter you can ask the Magistrate for an adjournment. In granting an adjournment the Magistrate may make a Temporary Protection Order.
LIST FOR HEARING
If you disagree with the making of a Domestic Violence Order, you can indicate to the Court that you wish to oppose the Order. The Magistrate will then set a Hearing date.
At the Hearing, the Applicant will be required to give evidence and call any of the witnesses that they wish to rely upon. You are able to cross-examine the Applicant and their witnesses yourself or alternatively you may seek to use a skilled advocate to do this on your behalf.
You will also be required to give evidence and you can call witnesses to give evidence on your behalf. The Applicant is entitled to cross-examine you and your witnesses either themselves or through the Police Prosecutor or private Domestic Violence Lawyer, should they have one.
The Magistrate will then make a determination based upon the evidence that has been called and if they accept your position no Order will be made or alternatively the Court may impose a Domestic Violence Order with some or all of the conditions that have been sought.
Learn more about Domestic Violence in relation to the law:
- DV Applications: How to apply – information on the application process
- Contesting a Domestic Violence Application? Here are some things to consider
- Bail (Domestic Violence) and Another Act Amendment Bill 2017 – important changes to the Bill introduced in 2017
- Domestic & Family Violence Protection Bill 2016 – how the law has been strengthened and penalties increased.
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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