If you’ve been served a Domestic Violence Order (DVO), it can feel like the rug’s been pulled out from under you.
For parents, your relationship with your kids is at risk and depending on what industry you work in, your career is in jeopardy too.
If you work in the armed forces for example, your weapons licence is also at risk.
It’s a tough situation but knowing what to do next can make a world of difference. Here’s how to handle it.
The consequences of domestic violence orders
The worst thing you can do is react impulsively or lash out and ignoring the DVO is just as bad. Without contacting a lawyer, you don’t know what your options are let alone which is the best one to choose based on your specific circumstances.
Complete inaction will allow consequences to unfold freely and left unchecked, it can damage your relationship with your children, career and reputation. We highly recommend chatting to a family lawyer rather than letting that happen.
What next if you’re the respondent of a DVO QLD?
So, what should you do? The best first step is to get legal advice. Talking to a lawyer who understands these situations can help you figure out your options. Here are a few paths you might take:
Consenting to an order on a ‘without admissions’ basis
This means agreeing to the order without admitting to any allegations. A lawyer can help you negotiate terms that might lessen the impact, like shortening the order’s duration or including family law exceptions if kids are involved. In some cases, if the application was filed privately, you might be able to make a promise to the court instead of agreeing to a required protection order.
Contesting the application for a protection order
If you think the order is unfair, you can contest it. Your lawyer will guide you through this process, helping you gather the necessary evidence and build your case to dispute the protection order.
Requesting an adjournment.
Sometimes you need more time to get your ducks in a row. You can ask the court to adjourn/postpone the matter so you can seek further legal advice or apply for legal aid. Though it’s rare, legal aid for respondents is sometimes available.
Let the Court decide
In this scenario, court orders will be made even if you are not there. . Depending on your specific situation, your lawyer might advise you not to attend, that might be the best option for your specific circumstances.
Note, doing nothing under the advice of a lawyer is different from deciding to ignore the DVO altogether on your own. We strongly reject the idea of ignoring any legal order against you without consulting a lawyer first.
Choosing the right lawyer to navigate the DVO process
You need a legal team with experience and a proven track record. Andrew, our principal lawyer has 8 years of experience as a duty lawyer. Our firm has handled hundreds of DVO cases for both the respondent and defendant, and we’ve successfully represented clients even up to contested hearings. In some cases, we’ve had applications struck out or dismissed due to insufficient evidence and negotiated better terms for many protection orders.
At Lander Solicitors Queensland, we offer clear and comprehensive guidance to help you understand your situation. We explain the basis for obtaining a protection order, the court processes, the terms and nature of the order, your options, and how an intervention order might help reduce the protection order’s duration and conditions. We’ll also discuss protection order conditions, including family law exceptions, possible ouster/return of property orders, the inclusion of others (like children) in the order, and the consequences of breaching the orders.
Domestic violence orders QLD: what to do if you’re the respondent
Being served a Domestic Violence Order (DVO) is stressful, but with the right approach and legal support, you can handle it effectively. Reach out to Lander Solicitors Queensland for experienced, compassionate, and professional guidance.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from a qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland accepts no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.
