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Domestic Violence Orders
Domestic Violence Orders (DVOs) are civil orders made by the Police or a Judge which tell someone not to perpetrate different violent behaviours against a person, or people, who they are in a domestic relationship with.
A DVO will name the following people:
- Applicant
- Defendant
- Protected person or people
A DVO may be made if the three criteria below are met:
- There is a domestic relationship between the protected person or people, and the defendant
- The defendant has perpetrated domestic violence against the protected person or people
- It would be reasonable for the protected person or people to be worried that the defendant would perpetrate domestic violence against them again
Once made final, a DVO will be made for a certain period of time. Once the DVO has expired, it can no longer be enforced. A new DVO may be applied for if required.
An applicant for a Domestic Violence Order (DVO) may ask for many different rules in a DVO.
Types of Domestic Violence Orders
The three most common types of DVOs are:
- No violence DVO: Which restrains the defendant from causing harm, threatening or attempting to cause harm, causing property damage, threatening or attempting to cause property damage, intimidating, harassing, and verbally abusing the protected person or people.
- Non-intoxicated DVO: Which restrains the defendant from drinking alcohol or consuming illicit substances in the presence of the protected person or people, and from contacting the protected person or people whilst under the influence of alcohol or illicit substances.
- No contact DVO: Which restrains the defendant from contacting the protected person or people, and coming near them or near places they regularly attend. The defendant also cannot use third parties to contact the protected person or people. If the parties have children, then normally an exception will be made to allow for the defendant to indirectly contact the protected person or people to make arrangements for their children.
KWILS lawyers, and other legal services, can assist individual people in making an application for a DVO.