When will a Court make a Domestic Violence Protection Order

What do you have to Prove for a Court to make a Domestic Violence Order 

Under the Domestic and Family Violence Protection Act 1995 which applies up to 17 September 2012, a Court will usually make a Domestic Violence Protection Order if they are satisfied that:

• A domestic relationship exists between the Aggrieved and the Respondent; and

• The Respondent has committed an act of domestic violence against the Aggrieved; and

• The Respondent:
  • is likely to commit an act of domestic violence again; or;
  • if the act of domestic violence was a threat, is likely to carry out the threat.

 

 

Under the Domestic and Family Violence Protection Act 2012 which will apply from 17 September 2012, a Court will usually make a Domestic Violence Protection Order if they are satisfied that:

• A relevant relationship exists between the Aggrieved and the Respondent; and

• The Respondent has committed an act of domestic violence against the Aggrieved; and

• The Protection Order is necessary or desirable to protect the Aggrieved from domestic violence.

Under the changes to the legislation which take effect from 17 September 2012, there is no longer any need to prove that either:

• further acts of domestic violence are likely; or

• if the act of domestic violence was a threat, there is a likelihood of the threat being carried out.

NOTE:

• The content on this page represents the law in Queensland.  Domestic Violence laws vary according to each State and Territory in Australia.
• In Qld Protection Orders are called Domestic Violence Protection Orders or a “DVO”.
• Other States refer to a Relationship Violence Protection Order or DVO as:
  • NSW: In New South Wales it is an Aprehended Domestic Violence Order (AVO) or (ADVO) or an Apprehended Personal Violence Order (APVO);
  • VIC: In Victoria it is a Family Violence Intervention Order (FVIO);
  • ACT: In the Austalian Capital Territory it is a Domestic Violence Protection Orders (DVO)
  • TAS: In Tasmainia it is Family Violence Order (FVO) or Police Family Violence Order (PFVO);
  • S.A.: In South Australia it is an Intervention Order (IO);
  • W.A.: In Western Australia it is a Violence Restraining Order (VRO);
  • N.T.: In the Northern Territory it is a Domestic Violence Protection Orders (DVO)
  • So variously it is referred to as a Domestic Violence Order, Intervention Order, Restraining Order, Protection Order, Apprehended Violence Order, Violence Restraining Order etc.

 

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