The Domestic and Family Violence Protection Act 1989 provides for the safety and protection of a person who is subject to domestic violence.
Domestic violence is committed where there is a family relationship between 2 persons such as a spousal relationship; an intimate personal relationship; a family relationship; and an informal care relationship.
Domestic violence occurs when acts are committed against another person who are in a domestic relationship such as wilful injury; wilful damage to the other person’s property; intimidation or harassment of the other person; indecent behaviour to the other person without consent; a threat to commit any of the acts above. The person committing the domestic violence need not personally commit the act or threaten to commit it.
The Application is made in the Magistrates Court by the Aggrieved and an Order will be made if the Magistrate is satisfied that there has been violence and it is likely to happen again. Once the Order is made the Respondent must be of good behaviour and not commit acts of domestic violence towards you. Children can also be included in the Order.
The length of the order can be made up to two (2) years.
It can be revoked or varied.
A Domestic Violence Order against you can have an effect in family law proceedings.
If you are the Respondent we can defend you and either negotiate an agreement or represent you at trial.
