Will the Application for a Domestic Violence Order be Granted?

Circumstances the Courts consider for a Domestic Violence Order (DVO)

A Magistrate can make a domestic violence order if satisfied that:

1. The aggrieved and respondent are in a relevant relationship; and
2. The respondent has committed domestic violence against the aggrieved; and
3. The order is necessary or desirable to protect the aggrieved (and any named persons) from domestic violence.

Unless all three criteria are satisfied, a domestic violence order cannot be made.

It is not enough to simply satisfy the Court that domestic violence has occurred. A Court will only consider the imposition of an order “necessary or desirable to protect the aggrieved from domestic violence” if the need for protection of the aggrieved (and named persons) against the risk of future domestic violence is real and continuing. This assessment will depend on the particular facts of the case. Circumstances the Courts consider relevant include:

• Evidence of past domestic violence and conduct;
• Genuine remorse;
• Rehabilitation including counselling;
• Medical treatment;
• Compliance with any temporary protection orders; and
• Changes of circumstances (such as parties separating or one party relocating to another place).

If you would like assistance to apply for or respond to a domestic violence order our dedicated solicitors can assist you in and out of Court. Call Aitken Whyte Lawyers Brisbane on 07 3229 4459 or follow the links below for more information on Domestic Violence.

• Domestic Violence & Protection Orders DVO
• What is Domestic Violence in Australia?
• Who Can Apply for a Domestic Violence Order?
• Who Will a Domestic Violence Order Affect?
• Will the Application for a Domestic Violence Order Be Granted?
• Domestic Violence Order Conditions
• Responding to an Application for a Domestic Violence Order
• Temporary Protection Orders
• How Long Does a Domestic Violence Order Last?
• Application to Vary a Domestic Violence Order
• Breach of a Domestic Violence Order
• Domestic Violence Orders & Family Court Orders
• Domestic Violence Orders & Weapons Licences
• Domestic Violence and Written Parenting Arrangements
• Choking, Suffocation or Strangulation in a Domestic Setting