Domestic Violence Orders
The purpose of Domestic Violence Orders is to protect a victim from being assaulted, molested, harassed, intimidated or stalked. The Police in NSW commonly are involved in applying for domestic violence orders, which are also known as Apprehended Violence Orders.
If you are served with a Domestic Violence Order, it is important to obtain legal advice. This will be particularly important if you do not want to agree to having a domestic violence order made against you. You may disagree with the facts contained in the actual application or the reasons for an order being made. Domestic Violence Orders can have serious consequences as they have the power to remove a person from their home, seeing their children, and may affect employment.
Whilst it is not an offence to have a Domestic Violence Order against you, they will show up in a Criminal Records Check. It also is a criminal offence to breach a domestic violence order, which can lead to fines, a criminal record and even terms of imprisonment.
There are instances where these orders are applied for as retaliation rather then due to the victim really having any fears for their safety. There have been cases where people use these orders to remove a person from the family home, and in child custody or child access proceedings. The problem is that Police feel obliged to apply for domestic violence orders with little or no evidence. This can lead to having to defend the orders in court.
We are experts in conducting Domestic Violence Orders in court for clients. We have successfully opposed orders being made and in some instances have won costs against the police.
If you wish to make an appointment to discuss your case please contact us on 1300 859 713.