domestic violence & australian family law

Domestic violence orders and personal protection orders can be made by consent and without any admission of wrongdoing. This can avoid the need for the matter to proceed to a hearing before the court. This can be a cost effective way for parties to resolve a dispute where fear of domestic violence or abuse is an issue. 

In other cases a full hearing of evidence may be necessary to prove the need for an order to be made. The making of a DVO or PVO does not necessarily mean the end of a relationship. 

Domestic violence orders and personal protection orders can be made as interim orders and as final orders. In making an interim domestic violence order or personal protection order, the magistrate must be satisfied that it is necessary to make the interim order to do one or more of the following until the application for the final order is decided:

• To ensure the safety of the aggrieved person or a child of the aggrieved person;
• If the interim order is an interim workplace order; to ensure the safety of the aggrieved person at the workplace, or an employee of the aggrieved person or other people at the workplace;
• To prevent substantial damage to the property of the aggrieved person or a child of the aggrieved person. 

• the respondent has engaged in domestic violence; or 
• the respondent has engaged in personal violence towards the aggrieved person; and may engage in personal violence towards the aggrieved person when the order is proposed to operate, if such an order is not made.