A Protection Order / Domestic Violence Order (DVO) is an Order of the Court which is made in circumstances in which Domestic Violence has occurred to protect the victim of such violence (referred to as the “Aggrieved”) from further domestic violence being committed by the perpetrator (referred to as the Respondent). 

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In Order to protect the Aggrieved a Protection Order / Domestic Violence Order (DVO) states conditions that the Respondent must obey.  If the Respondent breaches any of the conditions of the Protection Order / Domestic Violence Order (DVO), they will face serious criminal consequences that can lead to imprisonment.  A Protection Order / Domestic Violence Order (DVO) may contain conditions as follows:

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1. to be of good behaviour towards the Aggrieved and not to commit Domestic Violence towards the Aggrieved;

2. not to communicate or attempt to communicate or cause any other person to communicate or attempt to communicate with the Aggrieved by any means;

3. not to approach within or to remain within a certain distance of the place where the Aggrieved resides or works or where the Aggrieved is at any time (usually a distance of 100 meters);

4. not to publish or cause to be published anything which is derogatory towards the Aggrieved or any intimate images of the Aggrieved on social media.

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A Protection Order / Domestic Violence Order (DVO) may include an Ouster condition removing the Respondent from the premises where he or she usually resides with the Aggrieved, despite the Respondent’s name being on the title or lease for the property or the Respondent being responsible for paying rent.

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Children and/or other affected persons may also be named in the Protection Order / Domestic Violence Order (DVO).

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As outlined in Section 37 of the Domestic and Family Violence Protection Act 2012, a Court may make a Protection Order / Domestic Violence Order (DVO) against a person (the Respondent) for the benefit of another person (the Aggrieved) if the court is satisfied that—

(a)    a relevant relationship exists between the aggrieved and the respondent; and
(b)   the respondent has committed domestic violence against the aggrieved; and
(c)    the protection order is necessary or desirable to protect the aggrieved from domestic violence.

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Applications for Protection Order / Domestic Violence Order (DVO) can be made by police on behalf of the Aggrieved or by the Aggrieved personally.