It is common for conflicts to arise around the time of separation.

In an attempt to alleviate that conflict, a person, or the Police on their behalf, can apply for a Protection Order. Such Orders are often, due to misconceptions, referred to as a DVO, AVO or Domestic Violence Order.

Our team have extensive experience in providing advice and assisting throughout the process of obtaining or defending a Protection Order. That is, we can assist either a person making an Application (the Aggrieved), or the person defending the Application (the Respondent).

For the Aggrieved

There are certain elements that must be satisfied to obtain a Protection Order and any Application and supporting material must be prepared carefully, so as to satisfy those elements.

It must also be acknowledged that there are different types of Protection Orders, as follows:

• An Urgent Temporary Protection Order;

• A Temporary Order; and

• A Protection Order.

It is important that your Application and supporting documents provide the Court with sufficient and relevant information to support the making of the type of Order you are seeking. Our team can assist you with that.

For the Respondent

If you have been served with a Protection Order, you must be aware of the following:

• A Protection Order can impact certain types of employment;

• Before making parenting Orders in relation to care arrangements or child custody for children, a Judge must consider any Protection Orders that have been made;

• A Protection Order, once made, cannot be revoked; it can only be varied; and

• Any breach of a Protection Order is considered a criminal offence and therefore, can invoke a criminal charge.

Particularly due to the above, it is imperative that you receive independent legal advice at an early stage if you have been served with an Application for a Protection Order. Our team can assist you with that.