Orders That Are Commonly Issued to Protect Domestic Violence Victims

Over the past few years, many cases of domestic violence in Australia have gone unreported. This has created the false perception that domestic violence is either quite rare or almost non-existent. Furthermore, many victims think that there is little they can do under the law to protect themselves from abuse.

However, victims and their loved ones should realize that Australian family law contains detailed chapters that fully address cases of domestic violence. By working with a family lawyer, they can obtain multiple court orders that are specifically designed to protect them from domestic abuse.

Courts in Australia issue different orders that pertain to domestic violence cases. There are two main types of orders that are issued under family law: Domestic Violence Orders (DVO) and Personal Violence Orders (PVO). DVOs often cover people who are in a domestic relationship with the perpetrator of the abuse, while PVOs are for all other types of victims. These orders mainly involve the following stipulations under Australian family law.

Statutory Domestic Violence Orders

Statutory DVOs are typically the first type of order made to protect domestic violence victims. In most cases, the order states that the abuser must cease to assault, threaten, molest or otherwise harass the protected parties.

The abuser is also often prevented from accessing the residence of the protected persons or where they may occasionally visit to work or partake in any other activity.

Discretionary Domestic Violence Orders

Discretionary DVOs are more comprehensive orders issued by the court against domestic violence perpetrators. These orders may cover everything from protecting the victims to facilitating a channel for applying for divorce.

Discretionary DVOs typically cover areas such as preventing the abuser from accessing the residence of the victims, preventing the abuser from making any contact over telephone or other means to the victim, and the abuser surrendering any weapons that they may have to the relevant authorities.

Orders by consent without Admission

In some cases, family law allows for the involved parties to agree on certain domestic violence orders without admitting guilt. This makes it easier for the orders to be put in place without the parties having to undergo a lengthy court proceeding. The alleged abuser will therefore agree to abide by the stipulations of the order even if they may deny having inflicted domestic violence on the victims.

Australian family law offers in-depth stipulations against domestic violence cases. Victims and their loved ones should not hesitate to contact a family lawyer to seek protection under the law from domestic abuse.