An Order will require that a Respondent be of good behaviour towards the Aggrieved (and any other persons named in the Order such as children, relatives, friends, co-workers) and not commit domestic violence against the Aggrieved (or any other persons named in the Order). In some cases other conditions will be included in the Order such as conditions that:-
• stop a Respondent approaching the Aggrieved, approaching their home or approaching their workplace
• stop a Respondent living in the home shared by the Respondent and the Aggrieved
• stop the Respondent from attending at specific places
• stop the Respondent from having contact with the Aggrieved.
Domestic Violence
What does a Domestic Violence Order do?
A domestic violence order sets limits on the behaviour of a person who has committed an act of domestic violence against you. In some instances it requires that they be of good behaviour towards you and not commit an act of domestic violence against you. In other instances it can be much more specific for example prevent them from contacting you, or coming within a certain distance of you or your home.
What happens if I apply for a Domestic Violence Order?
Sometimes you can seek an urgent Temporary Protection Order, such as when you believe the normal process involved in obtaining a Protection Order will not protect you quickly enough. If your Application is heard on an urgent basis you can be in court before the Application has been served on the Respondent (the person you are seeking the Order against). The urgent Temporary Protection Order can be made and then served on the Respondent at the same time as your Application. A further court date will be allocated for the Application. If you do not require an urgent Temporary Protection Order, once your Application is filed it will be allocated a court date and then needs to be served on the Respondent. What happens as the Application progresses through the Court depends upon what the Respondent does. The Respondent can accept the Order being made, oppose the Order or seek for the matter to be adjourned to allow them to seek legal advice. If the Order is being opposed the matter will proceed to a Hearing.
What is domestic and family violence?
Domestic violence includes physical or sexual abuse, emotional or psychological abuse, financial abuse, threatening or coercive behaviour and any other behaviour which dominates a person or causes them to fear for their safety or wellbeing.
Will I get a criminal record?
If a Domestic Violence Order is made against you that does not mean you will have a criminal record. There will be a record of the court proceeding and of the Domestic Violence Order, but this is not a criminal record. If you breach the terms of the Domestic Violence Order and are charged with a breach of that Order you can be charged with a criminal offence and may end up with a criminal record.