Before applying for a domestic violence order, it is necessary to think about its purpose, who it applies to, conditions of the order, and what is involved in an application.
The purpose behind domestic violence laws is to maximise safety, protection and wellbeing of people. When a domestic violence order (referred to as an “order”) is imposed it is a civil matter (non-criminal), the purpose of it is to prevent or reduce domestic violence. However, when an order is breached, it becomes a criminal matter, which is to ensure that people who commit domestic violence are held accountable for their actions.
The person applying for the order is the “aggrieved” and the person the order is against is the “respondent”. In determining whether domestic violence applies to you, two things need to be established.
The first is establishing a relevant relationship, this includes:
- An intimate personal relationship;
- A family relationship; or
- An informal care relationship.
The second is establishing the nature of domestic violence, it includes:
- Physical or sexual abuse;
- Emotional or psychological abuse;
- Economic abuse;
- Threatening behaviour;
- Coercive behaviour; or
- Behaviour which controls or dominates and causes the aggrieved to fear for their safety or wellbeing or for that of someone else.
Applying for a Domestic Violence Order
There are three ways you are able to apply for an order, this includes:
- Attending your local police station;
- Preparing the paperwork and filing it with the court; or
- Applying for an order through legal representation.
We always recommend seeking legal assistance before applying for an order, as there are a number of considerations. Some questions that may need to be asked when applying for an order include:
- Who else needs to be listed on the order?
- What conditions are required?
- Will the order impact your ability to pay bills?
- How will you take care of the children?
- Will my application be successful?
- What happens when the order is breached?
Brisbane Criminal Lawyers is able to provide you with a fixed-fee case assessment for anyone looking to apply for an order. As part of this assessment, we will advise you on an effective domestic violence order application that takes into account legal and importantly, practical considerations. To organise this assessment, complete our online form or call us on 1800 200 357.