Domestic violence order
What is a domestic violence order? | Who can apply for a domestic violence order? | How to apply for a domestic violence order | What are the conditions of a domestic violence order? | What is the role of the police?
What is a domestic violence order?
A domestic violence order is an order made by the Court that includes conditions that restrain, restrict and prohibit the behaviour of the respondent in order to prevent further domestic violence.
In the Domestic and Family Violence Prevention Act 1989 a domestic violence order means either a protection order or a temporary protection order.
- Protection order:
- order made by a Magistrate when they make a final decision.
- Temporary protection order:
- an order made by a Magistrate that only lasts for a short time.
The Act allows the Court to make a domestic violence order against a respondent if the Court is satisfied that:
- the respondent has committed an act of domestic violence against the aggrieved
- the respondent is likely to commit an act of domestic violence again
- if the act of domestic violence was a threat, that the respondent is likely to carry out the threat.
A domestic violence order can protect the aggrieved and relatives and associates of the aggrieved who are named in the order.
A domestic violence order is a civil order and not a criminal matter. However, a respondent who breaches the order (disobeys the order) commits a criminal offence.
Domestic violence orders can last for up to two years. In special circumstances the domestic violence order can be extended for a period longer than two years.
Who can apply for a domestic violence order?
An application for a domestic violence order may be made by:
- the aggrieved (the person who has experienced domestic violence)
- an adult authorised in writing by the aggrieved such as a friend, carer, relative or community worker
- an adult whom the Court believes is authorised by the aggrieved even though the authority is not in writing, for example, if the aggrieved has a physical disability that prevents this
- a police officer
- a guardian for a personal matter of the aggrieved, or an administrator for a financial matter of the aggrieved, under the Guardianship and Administration Act 2000
- the Adult Guardian who considers the aggrieved does not have the capacity to make application for a protection order
- a person appointed as the aggrieved's attorney under the Powers of Attorney Act 1998 and the person makes the application under the enduring power of attorney.
How to apply for a domestic violence order
If the police are not involved:
- You can apply for a domestic violence order at the local Magistrates Court by completing an application form. Alternatively, someone you have authorised in writing can also lodge it for you by giving it to the court. Domestic and family violence services may also be able to assist you with applying for an order
- The Magistrate will set a hearing date and a summons will be served on the person who has been violent towards you to attend court on that date
- If the person who has been violent towards you agrees to the conditions in the order you may not need to go to court, but you will be advised by the Police Prosecutor or your lawyer if this is the case.
What are the conditions of a domestic violence order?
The two standard conditions on all domestic violence orders are that:
- the respondent must be of good behaviour towards the aggrieved and not commit domestic violence
- the respondent must be of good behaviour towards any named person in the order and not commit an act of associated domestic violence against the person.
Under the Weapons Act 1990 a person may not possess a weapon, or a weapons licence, if a domestic violence order is made against them.
The Act allows the Court to include information about any weapons or weapons licences held by the respondent on the domestic violence order. The order will inform respondents that their licences have been revoked and provide information about the surrender of their weapons and weapons licences.
In addition to the standard conditions, the Court can impose extra conditions to help protect the aggrieved, their relatives and associates from further domestic and family violence.
These conditions may include stopping the respondent from:
- approaching a place where the aggrieved works or lives
- remaining in a home where the aggrieved and respondent used to live together (the Court may allow the respondent to return to the home to collect property)
- approaching the aggrieved, their relatives or associates named in the order, including stating a distance from which the respondent may not approach (for example 100 metres)
- going to a child's school or day care centre.
A Court may also order that:
- the respondent return property belonging to the aggrieved
- allow the aggrieved to return to a former home to retrieve property.
The Court does not automatically make an order preventing the respondent from living with the aggrieved. The aggrieved must request the Court to make this specific condition.
More information is available in Legislation: The Domestic and Family Violence Protection Act 1989.
What is the role of the police?
The police can play an important role in responding to domestic and family violence. Some of the actions police can take include:
- investigating suspected domestic violence
- applying for a domestic violence order if they are satisfied domestic violence occurred
- entering and searching premises without a warrant if they suspect domestic violence has occurred or there is a risk of domestic violence occurring soon
- seizing anything that has been or may be used to commit domestic violence
- taking the person committing the violence into custody if they believe the aggrieved or the aggrieved's property is in danger of domestic violence. The person is not under arrest and can be held for a maximum of four hours
- asking a Magistrate to make a temporary protection order by telephone, fax, radio or other similar device
- investigating breaches of a domestic violence order when a respondent continues to commit domestic violence after the order has been made.
They may also charge a person with a criminal offence if sufficient evidence is available that a breach of a domestic violence order has occurred.
Last updated: 02 July 2008.