The law specifies when a Court has the power to make a domestic violence order.
There is a process to follow when making an application.
When does a Court have the power to make a domestic violence order?
A Court must make an Order if satisfied:
That a relevant relationship exists or existed between the parties.
That the respondent committed acts of domestic violence.
That an order is necessary or desirable to protect the aggrieved.
“The aggrieved” is the legal term for the person an order is intended to protect.
“The respondent” is the person against whom the order is sought.
The Court can only make a domestic violence order if there is a relevant relationship as defined by law including a spousal relationship, family relationship, couple relationship or carer relationship.
The protection of a domestic violence order is not available against, to list some examples, a neighbour, work colleague, classmate, business competitor, or local nuisance unless there is also a domestic relationship. There are other possible protections including an application for a Peace and Good Behaviour Order or a stalking complaint and restraining order. READ MORE