Capon & Hubert Lawyers & Mediators

Domestic Violence

Domestic Violence is not just physical abuse it includes various forms of non physical abuse including verbal.

What happens in the ACT

What is a DVO?

A DVO is a Domestic Violence Order and is an order from the ACT Magistrates Court and is made to protect a person in a domestic relationship. The DVO may list a number of conditions that the person causing the violence must follow.

What is a PPO?

A PPO is a Personal Protection Order and is sought to protect one person from another person when a domestic relationship between the two does not exist. You may also be able to obtain a Workplace Order to prevent violence from occurring in your workplace. We can advise on the best option for you.

How do I apply for an order?

You can obtain an Application form directly from the Magistrates Court or if you are in the ACT you can go to the Legal Aid Domestic Violence and Personal Protection Order Unit. The Legal Aid DVO Unit is located at the Magistrates Court and can assist you with legal advice, information and assistance with the Application form.

You can also obtain assistance from the police. In the ACT you are able to contact the Domestic Violence Crisis Service for support and assistance. Refuges and support networks are available in the Canberra Region and our experienced staff can assist you with this.

What happens in NSW

What is an AVO?

An AVO is an Apprehended Violence Order and is an order from the NSW Local Court offering protection to a person from another person. The AVO may list a number of conditions that the person causing the violence must follow.

How do I apply for an order?

You can obtain an Application form directly from a Local Court or you can approach the NSW Police if you in fear of your safety. They may apply for an AVO on your behalf. You can also contact the NSW Legal Aid Office for assistance.

Factors common to orders in NSW and the ACT

When does the order start?

If the defendant is at Court when the order is made, the order starts immediately. If the defendant is not at Court when the order is made, the order will not start until the defendant has been given a copy of the order by the police (this is known as being “served”).

How long am I protected by the Order?

The order will protect you for the period of time as set out in the order. This term will be imposed by the Court for as long as they deem necessary to ensure your protection. However the common terms are for 6 months, one year or two years.

When should I get an order and can I include children?

If you are experiencing domestic violence in your relationship and you wish to protect yourself and your children from such violence in the future you should immediately make an Application to the Court. An order will only include children where there are specific concerns about the safety of the children.

IMPORTANT

If you fear for your safety or your children’s safety you should contact the police immediately.

What if you are served with an order?

If you have received an Application for a DVO against you and you disagree with the contents or seek assistance when in Court please do not hesitate to contact our office.

Important telephone numbers:

Legal Aid - 6243 3411

Women’s Legal Service - 6257 4499

Aboriginal Legal Service - 6249 8488

Domestic Violence Crisis Service - 6280 0900

Care and Protection Services (Children's Safety) - 1300 556 729