Domestic Violence Orders

Types of DVOs

There are different types of DVOs with different rules about what contact the person subject to the order can have with the protected person.

• Non-contact order: the defendant must not contact or approach the protected person. This includes through text messages, email, letters, social media (e.g. Facebook), or through family members. These orders mean that any intimate relationship between the defendant and the protected person must end.

• Non-violence order: the defendant must not physically hurt, threaten, damage property, stalk, or verbally abuse the protected person, but can still have contact with the protected person. These orders can be in place while the defendant and the protected person are still in a relationship with each other.

• Non-contact whilst intoxicated: the defendant must not contact or approach the protected person when they have been drinking alcohol or taking drugs but can still have contact with the protected person when they are sober. These orders can be in place while the defendant and the protected person are still in a relationship with each other, as long as the defendant is not drinking or consuming drugs around the protected person.

DVOs are are also flexible, and can include as “custom provisions”. This includes “premises access orders” which prohibit the defendant from entering a certain location, or “social media clauses” which prohibit the defendant from posting about the protected person on social media. 

Who can apply for a DVO? 

• An adult or young person who is in a domestic/family relationship with the defendant.
• An adult acting on behalf and with the consent of another adult or a child who is in a domestic/family relationship with the defendant.
• A police officer. 

A young person is someone between the ages of 15 and 18. In order for a young person to apply for a DVO on their own behalf, it must be clearly shown that the young person understands what the DVO means, why they are applying for it and the effect of the DVO. 

How are DVO's made?

There are two different ways a person can seek protection through a DVO:

1. Urgent – Police DVO

The police can make an order without having to apply to the court. They can do this when it is necessary to ensure someone’s safety because of urgent circumstances (e.g. a threat to life) or because it is not otherwise practical to obtain an order by applying to the court (e.g. over the weekend or because the defendant has no fixed address).

  2. Non-urgent – Court Application

 
The person experiencing violence, their lawyer, or the police can apply to the Local Court for a DVO. The application must be in writing. The applicant does not have to include their address on the application if they do not want the defendant to know where you they live. The applicant will need to lodge their application and a statement supporting their application, called an affidavit, at the Local Court. CAWLS may be able to assist the applicant with this.

For more information about DVOs, download our DVO booklet below.