The terms ‘Domestic Violence Order’ (DVO), ‘Protection Order’ and ‘Restraining Order’ are often used interchangeably to refer to the types of Court Orders that protect protect people from family violence.
Domestic Violence Order (DVO)
A Domestic Violence Order (DVO) is a general description of two types of Orders made under the Domestic and Family Violence Protection Act 2012 (Qld). A Domestic Violence Order can be either:
(a) A Temporary Protection Order; or
(b) A Protection Order.
The Court may may make a Temporary Protection Order if it is satisfied:
(a) that a relevant relationship exists; and
(b) the person named as the Respondent has committed domestic violence.
A Temporary Protection Order, as the name suggests, is only temporary and will last until the next hearing. It can be extended by the Magistrate until the final Hearing.
A Court may make a Protection Order if it is satisfied:
(a) that a relevant relationship exists; and
(b) the person named as the Respondent has committed domestic violence; and
(c) the Protection Order is necessary or desirable to protect the victim from domestic violence.
A Protection Order will ordinarily apply for 2 years. It may be made by consent or after a hearing before a Magistrate.
Court Hearings
When the Application is first heard by the Court, the Magistrate may conduct a short hearing to determine whether a Temporary Protection Order should operate until the next hearing date or until the Trial.
If the Respondent does not consent to an Order there will be a trial before a Magistrate.
At the Trial each party will need to produce evidence to prove their case. Each party will have the opportunity to cross-examine the other party’s witnesses and to make submissions about whether the Protection Order is necessary or desirable.
Restraining Order
The term ‘Restraining Order’ is not a defined term in the Domestic and Family Violence Protection Act however
Both a Temporary Protection Order and a Protection Order can include conditions which restrain a person from taking particular actions or from having contact with another person, including in person, by telephone or through another person. For example, the Order may prohibit someone from coming within 100 meters of the other person or sending text messages.
Apprehended Violence Order
The term ‘Apprehended Violence Order’ (AVO) relates to similar provisions in other states, such as New South Wales.
Need Assistance?
If you need assistance with a Protection Order or have been named as a Respondent to an Application for a Protection Order it is important that you receive independent legal advice before the Application is heard by the Court.
Contact our Family Lawyers to receive advice about your situation today.