Domestic Violence Orders
Our Principal, Glenn Thexton has appeared in hundreds of restraining order contests and procedural hearings.
Our firm provides advice and appears for both Applicants and Respondents and we further deal with and provide advice on extraneous issues which form part of the restraining order matter, such as, criminal charges for breach of order or assault matters, child arrangements, visa disputes and property disputes. For more details about domestic violence orders or restraining orders consult with AVO Lawyers today.
If you feel that you are under threat and have been affected by one of the following:
- Sexual assault.
- Property damage or interference.
- Serious threats.
Then you should apply for a personal intervention order. You will need to talk to the court registrar first before filling in an application form and receiving a hearing date. We can assist you with this process.
Family violence intervention order
If you feel you need to protect yourself or your children from family violence, then you can apply for a family violence intervention order. The process follows the same steps as the personal intervention order.
Apprehended violence order (AVO)
There are two types of AVOs: domestic violence orders (DVO) and personal violence orders (PVO). The DVO is designed to provide protection from an alleged perpetrator with whom you are in a domestic relationship with, and the PVO covers all other categories of victims where there is no domestic relationship.
Domestic violence laws differ across the country, depending on your state or territory. You may encounter the following variations:
- Victoria: Family violence intervention order.
- New South Wales: Apprehended violence order or apprehended domestic violence order.
- Queensland: Protection order.
- Tasmania: Police family violence order.
- Northern Territory and Australian Capital Territory: Domestic violence order.
- Western Australia: Violence restraining order.
When applying to the court for an AVO, the court requires that the following orders be made: the protected person is not in any way threatened, harassed, molested or assaulted by the defendant; if there is anyone else in the domestic relationship, such as children, then they will also be protected by the AVO. For more details about domestic violence orders or restraining orders consult with AVO Lawyers today.
Additional conditions may be included such as restricting the defendant from approaching the protected person or entering any places where they either live or work. Additional conditions can be agreed upon by both parties or by the court.
The effects of domestic violence
A domestic violence order is there to help provide you with protection against a partner who is committing violence against you and to force them to stop doing so.
There can be several effects of domestic violence, namely on any children you may have together. Under the Family Law Act 1975, it is assumed that both parents will be involved when it comes to making any decisions regarding major long-term issues concerning their children. These types of issues may include but are not restricted to: health, education, and religion.
An AVO can be made by consent and without any admission of guilt. If this is the case, then there will be no need to proceed before the court and the AVO can be made straight away, without a formal hearing or criminal record. However, if the order is breached, then a warrant may be issued for arrest and criminal charges can be brought up.
We have successfully defended many restraining order applications, which have often resulted in no order being made.
Our fees are fixed for work performed on the restraining order and related matters and our Principal, Glenn Thexton, is happy to have a free general discussion with you about how best to handle your matter. For more details about domestic violence orders or restraining orders consult with AVO Lawyers today.
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