What is DVO?
Domestic Violence Order (DVO) is an order granted by the court to protect you and your loved ones from domestic violence. DVOs are typically granted by the Magistrate’s court to stop someone from causing you, your children or anyone named in the order harm or violence.
Types of DVOs
- Temporary Protection Order
An order of this type is granted by a magistrate at the first court appearance in the matter when the magistrate determines the order is necessary or desirable to protect you, your children or the community.
As a result of this low threshold, you must have representation in the court. In this case, the conditions imposed may severely restrict any or all interaction with the persons named in the order like your partner or spouse and/or children.
- Protection Order
This type of domestic violence order is granted with finality. Generally, a protection order lasts for 5 years. However, if the court deems fit to shorten or extend it, such a case will be stated in the order.
How can DVOs help protect the victims?
A domestic violence order can help prevent the offender from doing things that would otherwise cause violence to a person or persons of interest.
Whether it is a temporary or final protection order, the assailant will be prevented from contacting you and everyone named in the order so you won’t have to worry about getting threatening calls every time.
The person causing you harm will also be ordered by the court to stop using violence against you. This protection also extends to your properties and pets. So, even your little furballs will be safe from unwarranted pains and aches.
Aside from protecting you against threats of violence, you will also be protected from stalking and other forms of harassment.
Lastly, if violence includes extorting money from you or your loved ones, this, too, shall be prevented. In the same light, a DVO can ward off selling your property without your knowledge.
What are the typical conditions of a DVO?
- Standard Conditions
Generally, DVOs contain orders that the respondent or the person against whom the order is served to be of good moral character towards the aggrieved party or parties. He or she is also ordered to avoid committing any forms of domestic violence or anything that may result in domestic violence against the aggrieved parties or any or all persons named therein.
- Additional Conditions
As an addendum to the standard conditions outlined in the DVO, the Magistrate Court may also impose other conditions that it deems necessary or desirable to shield the aggrieved, child or anyone named in the from unwanted domestic violence.
Additional conditions may include any of the following:
- Restraining the offender from approaching, contacting or finding the victims or attempting to do any of these.
- Forbidding the lawbreaker from using the internet including social media sites to speak with, post pictures of or make damaging comments concerning the aggrieved or anyone named in the order.
- Enjoining the offender from being present at a place associated with the aggrieved like the workplace or a coffee shop that the latter frequents. In the case of a child, the respondent should prevent himself or herself from appearing in the child’s school or after-classes training.
- Mandating the offender to give back any property taken or sold by him which belonged to the aggrieved. It may also allow the aggrieved to get back his property and the access therein.
What is an “ouster condition?”
As the term implies, “ouster condition” is set forth in a DVO to essentially ouster the respondent or offender from the usual place of residence where the aggrieved and his or her child or anyone named in the order is staying.
This is to ensure that the aggrieved can live comfortably and safely in his or her usual place of residence without having to worry about being threatened or treated with violence.
It is noteworthy to understand that the “usual place of residence” is defined as a place where both the respondent and the aggrieved used to cohabitate or live together. The respondent should also have an equitable or legal interest in the said “usual place of residence.” In some cases, such a place may also be where the aggrieved works, lives or frequents.
How should you apply for a DVO?
Here is the step-by-step process of applying for a DVO:
STEP 1: Accomplish the DV01 form. You may do it online by downloading it and filling out the interactive form. You may also choose to print the form, fill it out by hand and go to the nearest Magistrate Court to start processing the application.
STEP 2: Affix your signature on the last page of the form where the statutory declaration is. It should be done in front of the Justice of the Peace or Commissioner for Declarations.
STEP 3: Once signed and witnessed, you may now go to the Magistrate Court and file the DVO form. You can do this either in person or through the mail.
If you receive a DVO and you are unsure of what to do, contact Smith Criminal Law so they can direct you to the right legal process.
