Domestic and family violence takes on many forms over and above only physical violence.

It can include:

• physical or sexual abuse;
• emotional or psychological abuse;
• economic or financial abuse;
• threatening or coercive behaviour; and
• behaviour that controls or dominates the other person, causing fear for their safety and wellbeing, or the safety and wellbeing of another person.

The Domestic and Family Violence Protection Act 2012 also provides examples for other behaviours that cause injury to a person or their property, threatening to self-harm or commit suicide, and unauthorised surveillance of a person. Examples of domestic and family violence can range from reading a person’s text messages, monitoring a person’s email account or internet history to using a device to track their movements and physical violence.

Domestic and family violence relates specifically to ‘relevant relationships’ such as:

• an intimate personal relationship, including former partners and a parent of your children;
• a family relationship, including relatives through blood or marriage;
• an informal care relationship, where a person is dependent on another to assist them with daily activities like cooking or dressing.

Essentially, these orders are a method of protection to stop threats or acts of domestic violence by putting limits on behaviour of this nature. What that behaviour is will depend on your unique circumstances and can include stopping the person from going to your home or workplace, trying to locate you, or having any contact with you or others named on the order (including children).

Personal safety and wellbeing is a fundamental right. Any threat to that for you or your children is a very serious matter. Reaching out for help in a situation of domestic and family violence can be difficult and often takes courage, especially when you second guess yourself and wonder what others will think about you and your situation. Not to mention the fear, anger and frustration that goes hand in hand with finding yourself in such a situation.

In our experience as family lawyers we have seen and heard a lot of things. Our job is to care for, support and protect you as you grow towards a bright new future. It is not to judge you, or any part of your current or prior relationship.

Reach out to our team of experienced domestic violence lawyers today for a confidential, no-obligation discussion about your situation and the options available.

Find out how to apply for a domestic violence protection order.

Find out answers to common questions about domestic violence here.

How do I respond to an application for a DVO or Protection Order?

If you are named as the respondent (commonly referred to as the defendant) in an application for a protection order you are able to respond. Given the heightened emotions that go hand in hand with separation and orders of this nature it is wise to seek advice from an experienced domestic and family violence lawyer to assist with your response. We can approach the situation from the outside and respond accordingly without the influence of those heightened emotions.

What happens when a DVO application isn’t true?

Unfortunately this is a very real situation and we often see these types of orders, which are actually designed to protect people in need, being used as a weapon against a former partner. Especially where a parenting dispute exists.

You are able to defend yourself if you are named in an application for a protection order and need to seek legal advice from an expert domestic violence lawyer. If the claims are found to be false or vexatious this can reflect poorly on the other party’s ability to support a relationship between the children and you in future family law proceedings.

Protection orders are intended as just that and should never be used to try and influence a certain outcome regarding the future care and wellbeing of your children.