Defending a Domestic Violence Order Without Legal Representation Is Grim

26 August 2024

It’s never been easier to be named a respondent in a Domestic Violence Order. It’s never been harder to defend one. It’s never been more important to have quality legal representation.

The Australian Institute of Health and Welfare reports that 1 in 4 women and 1 in 14 men have experienced physical and/or sexual violence and/or emotional abuse from an intimate partner.

In order to combat the perpetration of domestic and family violence, the government’s response was to make the process of obtaining Domestic Violence Orders easier. This order intends to protect someone from violence, abuse, or harassment. The consequence, however, is that it has become increasingly difficult to defend these civil applications.

Who can apply for an order?

From 1 July 2023 until 31 March 2024, there has been 21, 415 applications for a Domestic Violence Order (“DVO”).

Of these 21, 415 applications:

1. 84.4% (18,068) were made by police;
2. 15.1% (3,237) were made privately; and
3. 0.5% (110) were made by the Court.

Where police are the primary applicant, they do not act for the aggrieved. They take into account the aggrieved’s views and wishes, but they act independently of those views and wishes.

Police can, and regularly do, seek DVOs without the support of the aggrieved.

Test

To make the order, the deciding Magistrate only needs to be satisfied that:

1. the respondent and aggrieved have a relevant relationship;
2. that the respondent committed an act of domestic violence; and
3. that the proposed order is necessary or desirable for the aggrieved’s protection.

The legal test is broad and centers upon whether or not, on the balance of probabilities, the order is necessary or desirable for the aggrieved’s protection. It does not have to be both. Whilst the Magistrate will consider both, they only need to be satisfied the order would be necessary or desirable for the aggrieved’s protection.

There is no requirement to demonstrate repeated patterns of domestically violent behaviour or more than one act.

Impact

The criteria for obtaining a DVO is easily obtainable by design. The application allows for a wide net to be cast over an extensive list of behaviours that may be considered abusive: physically, emotionally, and/or financially. Though it requires proof of a domestically violent act to the lowest standard our legal system knows, the impact of being named as a respondent of a DVO can have serious consequences on your employment prospects, ability to hold a weapons licence, visa status, and may also restrict your international travel opportunities.

Though civil in nature, any breach of the order has criminal consequences.

Sometimes you won’t know the full effect of a DVO until you suffer the consequences of it. If you need to defend a DVO, our experienced litigators can assist you. Quality legal representation matters. Without such representation, your chances of successfully defending an order designed to be easily obtainable are grim.