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Responding to an Application for a Domestic Violence Order

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Responding to a DVO Qld

When an application for a domestic violence order is made, the respondent to the application has three (3) options:

1. Consent to the Order being made in its entirety
   If the respondent advises the Court that the making of the order is accepted, the Magistrate is able to make the order in the terms discussed.An order can be made by consent whether or not the respondent admits to any or all of the allegations of domestic violence. It might be that the respondent does not accept what the applicant says occurred, but does not mind if such an order is in place.  There are however certain implications if a domestic violence order is made that should be considered prior to consenting to the order. If you would like advice on this before deciding whether or not you would like to consent to a domestic violence order, call us on 07 3229 4459 to speak to an experienced solicitor.
   
2. Oppose the order being made
   If the respondent is of the view that one of the three requirements that a Magistrate needs to consider has not been met, the application can be opposed.If a respondent decides to oppose an application for a domestic violence order, they will advise the Magistrate (usually at the first mention of the matter). The Magistrate will then list the matter for a hearing.The Magistrate will also give a date prior to the hearing for the aggrieved to file sworn affidavit material in support of their application setting out why the requirements have been met.  A date a couple of weeks later will be given to the respondent to file their affidavit material in response.On the hearing date, both the applicant and the respondent will be cross-examined by the other side on the basis of the evidence found in their affidavit material.
   
3. Consent to the Order being made but negotiate or oppose some of the conditions
   If the respondent consents to the order being made, but does not agree with all of the conditions requested, the application will also need to be listed for a hearing unless an outcome can be negotiated with the police or the aggrieved.

If you would like assistance responding to an application for a domestic violence order call Aitken Whyte Lawyers Brisbane on 07 3229 4459 to speak to one of our dedicated solicitors, or follow the links below for more information on Domestic Violence.

Further Information

Our Brisbane lawyers have answered some common questions below:

What Is Domestic Violence in Australia?

Who Can Apply for A Domestic Violence Order?

Who Is the Aggrieved and Who Is the Respondent? Who Else Can the Order Include?

When Will the Court Grant an Application for A Domestic Violence Order?

What Conditions Does A Domestic Violence Order Impose?

What Options Does A Respondent to An Application for A Domestic Violence Order Have?

What Is A Temporary Protection Order (TPO)?

How Long Does A Domestic Violence Order Last?

Can You Apply to Vary A Domestic Violence Order?

What Happens If You Breach A Domestic Violence Order?

What If You Have Family Court Orders or Proceedings Before the Family Law Courts?

Will A Domestic Violence Order Revoke Your Weapons Licence?

Should You Consider Written Parenting Arrangements?

What Is the Offence of Choking, Suffocation, Or Strangulation in A Domestic Setting?

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au