Many people mistakenly assume that Domestic Violence is the act of physical violence against another person. Most people are surprised to learn that the definition of Domestic Violence is very broad and can be as simple as swearing at a person.
Domestic Violence is defined as Physical Violence, Wilful Damage, Intimidation, Harassment, an Indecent Act or threats to perform one of the above.
The most common basis for an Application for Domestic Violence is Intimidation or Harassment. Harassment can be as simply as sending someone flowers which is unwanted.
There are only certain categories of relationships that are covered under the Family Protection (Domestic Violence ) Act. The legislation does not cover just anybody and as such differs from the laws in NSW.
Even if an act of domestic violence does occur, it needs to be proven that there is a likelihood of the domestic violence reoccurring for an Order to be made. There are possible other options for avoiding a Domestic Violence Order that can be used such as an undertaking to the Court.
We are able to assist you with:
If someone has brought an Application for a DVO against you or you wish to bring an Application for a DVO against someone, please contact our office to speak to one of our lawyers.