3. It is necessary or desirable to make the Order
Many people think that just by proving that domestic violence has occurred that it will mean that logically an order will be considered necessary and desirable. It does not.
This section of the act allow a magistrate sole discretion to determine whether an order should be made. There are absolutely no guidelines available and a magistrate can simply say no to the order.
If you brought an application for a DVO while you had, say, ongoing family court proceedings on foot, but those proceedings concluded prior to your hearing of the DVO then it is quite possible that the court may find that an order is not necessary because the accused and victim will no longer see each other again.
Alternatively if the domestic violence that occurred was a one off incident the magistrate may feel it would not likely occur again and not make the order.