Brooke Winter Solicitors
Domestic Violence Orders
Do you need a domestic violence lawyer in Hobart? If you have you been served with an application for a Domestic Violence Order, or if you wish to make an application against someone else, our experienced domestic violence lawyers can help you in either of these situations.
Call: 03 6240 5437
Domestic violence is a serious problem that affects many individuals and families across Hobart. It can manifest in various forms, such as physical, emotional, and economic abuse. If you are experiencing domestic violence in your relationship, one option available to you is to seek a Domestic Violence Order (DVO) which is a court-ordered protection for the person suffering from domestic violence.
A DVO can prohibit the abuser from certain behaviours or place restrictions on them, to keep the victim safe and secure.
One of our Hobart domestic violence lawyers can help you:
- make your application,
- prepare your affidavits,
- legally advise you throughout the process,
- and represent you in court
Experiencing domestic violence can be a trying and emotionally taxing time for anyone. Support is crucial during such a period, particularly from legal experts that have specialised knowledge in handling domestic violence cases.
We are here to assist you and provide the support you need to navigate this difficult time. Our lawyers will work with you, alleviate stress and uncertainties, and offer guidance on your legal options. If you require assistance, don’t hesitate to reach out to us for a confidential phone consultation.
Are you a victim of domestic violence?
A temporary order, also known as an interim Domestic Violence Order (DVO) in Tasmania, Australia, is put in place by a Magistrate upon hearing an application for protection and determining that it is necessary. The order takes effect once the respondent has been served with the order, either in person or via other means such as mail. The benefit of an interim DVO is that it can be reviewed and amended as the situation changes, with the order being reconsidered whenever the parties are back in court.
A DVO can include any standard terms that would be included in a final protection order, such as prohibiting an abuser from approaching the victim’s home or workplace, contacting them, or posting about them on the internet among other conditions.
If you have been served with an interim DVO, it is crucial to immediately seek legal advice from a solicitor to understand the terms and conditions of the order. It is important to note that any breach of the order’s terms is considered a criminal offence under Tasmanian law.
If served with domestic violence orders
It is extremely important to carefully read and understand the domestic violence order and any supporting application that has been served upon you. Even if you do not agree with the application, it is crucial to make a well-informed decision as it can have a significant impact on you in the future, especially if there are ongoing or potential Family Law proceedings.
Once the order has been served, it is essential to strictly comply with its conditions. You will be notified of the court date for your matter, and it is crucial to attend as failure to do so can result in an order being made in your absence.
In court, you have the option to either agree to a final order, with or without admissions or contest the order. If you decide to agree, the order will likely be made on that day. If you choose to contest, your case will be scheduled for a later date for the hearing of evidence.
At Brooke Winter Solicitors, we understand the gravity of this situation and can help you to protect your interests by providing legal representation in court. Our specialised Hobart domestic violence lawyer will work closely with you to understand your options and strive to achieve the best possible outcome for your specific case.
What laws are relevant to domestic violence in Tasmania?
The Family Violence Act 2004 provides for the issuance of Domestic Violence Orders (DVOs), which are court orders that prohibit certain behaviours by a person who has engaged in family violence. The act also includes provisions for the protection and support of victims of domestic violence and their children.
The Criminal Code Act 1924 contains criminal offences related to domestic violence, such as assault, stalking, and intimidation. This act also provides the legal framework for police to make an arrest and charge a person with an offence of domestic violence.
Additionally, under the Tasmanian Anti-Discrimination Act 1998 it is illegal to discriminate against someone based on their experience of domestic violence.
It’s important to note that any person experiencing domestic violence or who has been served with DVO should immediately seek legal advice to understand their rights and the legal procedures in place in Tasmania. Please contact us to get started.
Domestic Violence Information
1. What is domestic and family violence?
2. What is a Domestic Violence Order?
3. How to apply for a protection order
4. What happens in court?
5. What if I’m served?
6. Understanding the conditions on a Domestic Violence Order
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