Relevant relationship – The Court must be satisfied the relationship between the aggrieved and the respondent is the kind of relationship in which a DVO can be made, such as an intimate personal relationship or a family relationship.

Occurrence of domestic violence – There must be evidence that domestic violence has occurred.

Necessary or desirable test – The Court must find it is necessary or desirable to make an order to protect the aggrieved from future domestic violence. This is the most important factor in many cases.

Types of orders – The Court can make temporary orders (an order that remains in place until a final hearing) or final orders. Orders are usually for 5 years unless the Court decides that there are reasons for a shorter order.

Conditions – Orders include the standard conditions (being of good behaviour and not committing domestic violence) and additional conditions, such as no contact, not approaching the aggrieved, not approaching where they live or a place they often go, or restrictions on communication on social media.

Exceptions to conditions – Conditions such as “no contact” or “no approach” conditions may have exceptions, such as for attending court, for child contact or in compliance with an order of a Court.

Children and named persons – An Order may name a child of the aggrieved, a relative or another associate and contain conditions in relation to those persons.

HOW WE HELP:

• Explaining your rights, obligations, and options.

• Preparing and filing applications, responses and statements.

• Representing you at mentions, conferences, and contested hearings.

• Negotiating workable conditions where possible by making requests to the police or the other party.

• Ensuring your case is presented clearly and effectively in Court.