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:

1. That a relevant relationship exists or existed between the parties.

2. That the respondent committed acts of domestic violence.

3. That an order is necessary or desirable to protect the aggrieved.

The Parties

“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.

Relevant Relationship

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

 

Relevant relationships: Who can apply against who?

Acts of Domestic Violence.

The evidence must prove a prior act or acts of domestic violence.  The standard of proof is the balance of probabilities.

Domestic violence is defined by the law.  The legal definition is broad and includes physical violence to the person and property, psychological abuse and economic abuse.  

 

What is included in the legal definition of domestic violence?

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. 

Choosing the right lawyer is important. It can be a life changing decision.

The decision is personal.  The right choice should be based on reliable and detailed information, not empty slogans.

We offer a complimentary 30 minute consultation so you can decide whether we are the right lawyers for your case.

We provide general consumer advice to empower you to make the choice that is right for you.