Domestic Violence Orders (DVOs)
Domestic violence orders in Queensland
In Queensland, an order can be made for the protection of a person from family violence under the Domestic and Family Violence Protection Act 2012. An order can be made by consent or after a hearing.
Under section 37 of the act, a protection order can be made if the court is satisfied that:
- The parties are in an intimate personal relationship, a family relationship or an informal care relationship;
- There has been domestic violence between the parties;
- The order is necessary or desirable to protect the person from domestic violence.
Under a protection order, the respondent must be of good behaviour towards the named person and not commit domestic violence towards them. Courts can also impose additional conditions relating to the respondent’s behaviour or to the protection of the named person.
Apprehended domestic violence orders in New South Wales
In New South Wales, an order can be made under the Crimes (Domestic and Personal Violence) Act 2007 to protect a person from domestic violence.
Under section 16 of that act, a court can make an apprehended domestic violence order if it is satisfied that a person who has had a domestic relationship with another person:
- fears domestic violence, stalking or intimidation on reasonable grounds; and
- the conduct feared warrants the making of an order.
Family violence intervention orders in Victoria
In Victoria, the Family Violence Protection Act 2008 gives courts the power to make family violence intervention orders to protect a person from family violence where they are satisfied that a person has committed family violence against another person and is likely to do so again. The court may include in the order any conditions that are necessary or desirable in the circumstances.
Family violence orders in the ACT
In the ACT, family violence orders can be made under the Family Violence Act 2016. The court may make a family violence order if satisfied that:
- the person has reasonable grounds to fear family violence from the respondent; or
- the respondent has used family violence against the person.
The court may impose the conditions necessary taking into account the safety of the affected person and the safety of any children.
Family violence orders in Tasmania
In Tasmania, a court may make a family violence order under the Family Violence Act 2004 if satisfied that a person has committed family violence and may do so again. The order may include any conditions that are necessary or desirable to prevent the commission of domestic violence or to protect a person named on the order.
Intervention orders in South Australia
In South Australia, a person who fears domestic violence may seek an order under the Intervention Orders (Prevention of Abuse) Act 2009. An intervention order may be made because of a domestic violence concern or because of a risk of other types of abuse.
Restraining orders in Western Australia
In WA, the Restraining Orders Act 1997 empowers courts to make several types of restraining orders, including family violence restraining orders (FVROs). An FVRO can be made against a partner, ex-partner or family member.
A court may make an FVRO when it is satisfied that:
- a person has committed family violence and is likely to do so again; or
- the person seeking to be protected has reasonable grounds for believing that the respondent will commit family violence against them.
Domestic violence orders in the Northern Territory
In the NT, a court may make a domestic violence order under the Domestic and Family Violence Act 2007.
A DVO can be made when there are reasonable grounds for the protected person to fear domestic violence by the defendant.
DVOs can be made between parties who are partners, ex-partners, siblings, cousins, parents and children or housemates. They can also be made between two Indigenous people who are in a kinship relationship.
Offence to breach a DVO
When a court makes a DVO against a person, the person is not guilty of an offence and does not acquire a criminal record. However, if the person subsequently breaches the conditions of the domestic violence order, this is a criminal offence. A range of penalties can be imposed for breaching a DVO, including terms of imprisonment.