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Services

02. Domestic Violence

Police Application

What is a Protection Order / Domestic Violence Order (DVO) ?

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). 

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:

  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.

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.

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

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.

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

Police Applications for Protection Order / Domestic Violence Order (DVO)

Police have power to and will often issue a Temporary Protection Order to a Respondent on behalf of the Aggrieved when they attend an incident where they allege that domestic violence has occurred or where the Aggrieved reports domestic violence to them.  The Temporary Protection Order is accompanied by an Application for a Protection Order to be issued against the Respondent which is filed by police on behalf of the Aggrieved in the Magistrates Court when the Temporary Protection Order / Domestic Violence Order (DVO) is issued.

 

It is also possible for the Aggrieved to apply to the Magistrates Court for a Protection Order / Domestic Violence Order (DVO) personally without police involvement.

 

Contact us to assist you to apply for a Protection Order / Domestic Violence Order (DVO). 

Private Applications for Protection Order / Domestic Violence Order (DVO)

If domestic violence has occurred in your relationship you are able to make your own Application for Protection Order / Domestic Violence Order (DVO) in the Magistrates Court without police involvement. 

In urgent situations you can request the Court to hear an Application for Protection Order / Domestic Violence Order (DVO) before the Application is served on the Respondent.  In which case the Court may issue a Temporary (Interim) Protection Order / Temporary (Interim) Domestic Violence Order (DVO) against the Respondent which will be served on the Respondent by police and is effective as soon as it is served, until such time as the Application for Protection Order / Domestic Violence Order (DVO) is heard by the Court.

For the Court to issue a Temporary (Interim) Protection Order / Temporary (Interim) Domestic Violence Order (DVO) the following needs to be proved:

  1. a relevant relationship exists between the aggrieved and the respondent; and

  2. the respondent has committed domestic violence against the aggrieved.

 

The court is required to consider if the evidence is sufficient and appropriate having regard to the temporary nature of the order when deciding whether to issue a Temporary (Interim) Protection Order / Temporary (Interim) Domestic Violence Order (DVO).

Cathryn Zampatti, our Principal is experienced in the Application process and her previous 18 years service as a police officer in the WA Police Service which includes having worked in the role of District Domestic Violence Officer, makes her a strong advocate for you.

Cathryn is able to provide the support and guidance to you that is necessary for your Application for Protection Order / Domestic Violence Order (DVO) to be successful.

Contact us to assist you to apply for a Protection Order / Domestic Violence Order (DVO).

Private Application
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