A Domestic Violence Order may be obtained if the Aggrieved spouse is able to convince a court that: -
- There has been a history of domestic violence;
- It is likely that an act of domestic violence will be repeated in the future.
Domestic violence includes an intentional assault, a threat to assault, intentional damage to property and intimidation/harassment and indecent behaviour against the other party.
In addition, the aggrieved spouse and the respondent spouse must be in a domestic relationship; usually they are husband and wife or de facto partners.
The court can make a Temporary Order which will remain in force until the next court date.
Usually, a party who says that an act of domestic violence has taken place will go to the police station or to the courthouse and either the police will make an Application on behalf of that spouse or the spouse will need to make the Application themselves.
This involves filling in a form and filing it with the court.
The police generally serve the Application for a Domestic Violence Order.
Domestic Violence Orders may be made on the standard conditions, ie that the Respondent spouse be of good behaviour and not commit any further acts of domestic violence.
There can be other Orders made such as that the Respondent spouse not approach within a certain distance or that the Respondent spouse will not contact the Aggrieved spouse or other named parties including relatives/associates/children.
Common Orders include not to come to a home or workplace.
If you have any questions or would like to speak with one of our solicitors, please contact us.