According to government data, there’s a rising number of applications for domestic violence orders (DVOs). There were 13,399 DVO applications in 2022-2023 YTD (as of 11/30/22), which is an increase of 16.7% from 2021-2022.
In addition, the applications to vary DVOs increased by 22.9% since 2021-2022.
DVOs are also known as protection orders. They protect those who have been victims of domestic violence or are in fear of becoming victims. An order can be used to:
- Be of good behaviour
- Stop someone from approaching you at home or work.
- Prevent a person from living in a certain place even if they own or rent the house.
- Block someone from approaching relatives or friends named in the order.
- Stop someone from going to a child’s school or daycare centre.
If you want to apply for, vary, or defend your DVO, it’s wise to consult an experienced Brisbane domestic violence lawyer. A lawyer will explain your rights and options depending on your case’s facts. You want to be sure that any changes made are for your benefit.
Can I Make Changes to the DVO?
If your name appears on a DVO, you can request changes. You can appear as the aggrieved party, the respondent, the applicant or another named person (often a relative). You can request changes even if the DVO is a temporary protection or a protection order.
However, there are things you can and cannot do depending on how you appear on the order. For example, the aggrieved person (the victim) can authorise someone to request the changes on their behalf. If you are a “named person,” you can only request changes to the parts of the DVO that pertain directly to you.
What Changes Can You Ask For?
If circumstances change after a DVO is made, any party to the order can apply to a magistrates court to vary the conditions of the order. The changes you can request to an existing DVO are:
- Adding or removing conditions;
- Adding or removing named people (for example–children, other family members, and associates);
- Extending or reducing the time the order is in effect.
When a request is made to remove stipulations that could potentially lessen protection for the victim, the person applying for the change needs to explain the specific changes and how the victim and other named individuals will remain safe from harm if the changes are implemented.
When deciding whether to vary the DVO, the court will consider the wishes of the aggrieved person and if there have been any recent breaches between the parties. Other relevant factors include:
- The findings of the court that made the initial DVO.
- Whether a voluntary intervention order was made previously and if the respondent has complied with it.
- Whether the police commissioner has been given a copy of the application for variation.
- The police’s views in relation to the variation sought.
Conclusion
Are you thinking about applying to vary a DVO? Have you had a DVO made against you? Consult a domestic violence lawyer in Brisbane as soon as possible to ensure your rights are protected.