A person has the right to apply for a DVO if they feel threatened or have been putting up with acts of domestic violence. This means the courts will set out rules for the person who has committed the offence that they must obey.

A DVO is a civil court order so will not appear on the person’s criminal history. However, if the said person does not abide by the rules set out for them, this is a criminal offence and it will appear on their criminal record.

Types of DVOs

Depending on the situation, there are two types of DVO given out. These are a protection order and a temporary protection order and both depend on the individual circumstances of the domestic violence case.

  • Temporary protection Order. A temporary protection order can be applied for by the police or the aggrieved and is usually considered early by the magistrate for persons who need protection urgently. It lasts for a shorter time than the protection order, but will cover up till the date a full protection order can be put in place.
  • Protection order. A protection order can be applied for by persons who have been experiencing or are in danger of domestic or family violence. Protection orders generally last for five years, but can be extended or shortened depending on the personal circumstances.

What are the Order Conditions?

If you’re charged with a DVO, you must show good behavior and not commit domestic violence to the aggrieved or anyone else named on the order. Each DVO will have its own set of rules to abide by set by the court and these must be followed. If you hold a weapons license, this will be revoked and you’ll be prevented from owning another license for up to five years.

Conditions to expect;

  • Being prevented from approaching the aggrieved at home or in place of work
  • Not being allowed to stay in the family home, even if it’s in the respondents name
  • Not being allowed to have contact with any relatives/friends/children named on the order
  • Prevented from approaching a child’s school or day care centre

Breach of a DVO

If you are in breach of a DVO order, it’s considered a criminal offence and you could be charged with up to three years in jail the first time. If you breach again within five years you can expect a sentence of up to five years.

The best way to avoid jail is to get yourself an experienced criminal defence lawyer who can put forward your case. Speak with a domestic violence lawyer at Emerson Criminal Law on 07 3211 4920.