At Elysian Law, we understand that Domestic Violence Orders (DVOs) play an important role in ensuring the safety of individuals in domestic and family situations. However, there are times when a DVO may be issued under circumstances that do not fully reflect the reality of the situation. If you believe a DVO has been unfairly issued against you, immediately contact our team at Elysian Law to help you through the process of contesting an order. Our team has over 30 years of combined experience, providing clients with empathetic and tailored legal support in domestic and family violence cases.
Contesting a DVO means formally challenging the order through the legal process. If an order or application has been brought against you, you have the right to contest it in court. This is done by testing the evidence at the Magistrates Court by filing affidavits with supporting evidence, giving oral evidence in court, cross examining the applicant’s witnesses and presenting legal arguments.
Our team at Elysian Law will work closely with you to explore whether contesting an application is a suitable course of action. There may be a range of reasons as to why you should or should not contest the evidence. We will ensure you understand the steps involved, what evidence may be required, and how the court process will unfold. We believe that every client deserves clear and compassionate guidance, especially during challenging times.
Yes, you have the legal right to contest a DVO. In Queensland, DVOs can be contested through a court hearing where both parties have the opportunity to present evidence and arguments. It is important to act promptly in this situation, as timelines can impact the success of your case.
Contesting a DVO typically involves gathering evidence that disproves either there is a relevant relationship, the allegations of domestic violence or whether an order is necessary or desirable. Our experienced domestic and family violence lawyers at Elysian Law will assist you in preparing this evidence and building a compelling case to present in court. We’re here to ensure that you feel empowered and informed, with a clear understanding of each step along the way.
At Elysian Law, we take a modern, client-focused approach to legal support. Our goal is not only to protect your rights but also to provide a sense of strength and clarity during what may be an emotionally taxing time. Contesting a DVO requires precise preparation, and our team will be with you from the initial consultation through to the court hearing, should it reach that stage.
We offer an empathetic, non-judgemental environment where you can openly discuss your circumstances. Our legal experts will help you understand the potential outcomes of contesting the DVO, assist with gathering supporting evidence, and represent you in court if necessary. With Elysian Law, you are not alone in this process. Contact our team today for representation to contest your DVO.
Being a respondent means that a protection order application has been filed at a court or a protection order has been made naming you as a respondent. This means that a person has made an allegation you have committed an act or acts of domestic and family violence. As a respondent, you may be subject to conditions set by the court, which are designed to prevent future incidents of domestic and family violence.
It is important to get legal advice as soon as an application has been served on you to mitigate the outcome. Please be aware at the first court mention, the court must consider whether to impose a temporary protection order and if so, the conditions. Elysian Law has successfully argued against any protection orders being imposed from the outset due to unjust applications. If a temporary protection order is imposed and a condition is breached, it is still a serious criminal offence.
When an application is filed, it is typically heard in court right away, and a temporary protection order is issued while waiting for your final protection order to be determined. This temporary order or police protection notice may include conditions that limit or restrict your ability to contact the aggrieved and/or named persons such as other family members or children. If you do contact the person and breach a condition, it is a criminal offence.
It is crucial to fully understand these specific conditions to avoid any potential criminal charges. Many people unknowingly breach protection orders simply because they don’t realise what behaviours constitute an act of domestic and family violence.
We also strongly advise you not to contact any relevant person or witness as it may be used as evidence against you in court.
That’s why it’s so important to contact Elysian Law. We’re here to help you understand and comply with your new order, ensuring you understand your rights.
If you disagree with a protection order application, you have the option to contest it. This involves appearing in court and presenting evidence to argue that either the application does not meet the legal requirements or that the allegations are false.
It’s strongly advised to seek legal representation to ensure that your case is presented effectively, your rights are protected and you understand other legal implications such as your evidence being used in other proceedings like family law.
In Queensland, a protection order lasts for a duration set by the court, which is often five years. However, this duration can vary depending on the specifics of the case and the level of risk assessed by the court.
Yes, a protection order can have an extended end date or be renewed if there is an ongoing risk of domestic and family violence and the court determines it is necessary. To extend the order, an application must be made before the current protection order expires, providing evidence to support the need for an extension. This ensures continued protection for those at risk.
Breaching a protection order is a serious criminal offence, and depending on the specifics of the breach and your personal history, it can result in a range of penalties, from fines to imprisonment. Courts take breaches very seriously. For a first breach, a sentence of up to 3 years imprisonment can be imposed, and for a second breach, this increases to 5 years imprisonment. Additionally, upon conviction, the courts can amend the conditions of the protection order.
It’s crucial to seek legal advice immediately if you’re accused of breaching a protection order. At Elysian Law, we can help you understand the charges against you, prepare your case for the best possible outcome, and provide essential representation in court. We’re here to support you every step of the way.
The conditions of a protection order can be amended by the court if justified. To request a change, an application must be filed with the court, along with supporting affidavits and materials explaining why the change is appropriate under the circumstances. If the application is contested, it will proceed to a hearing, which can be quite complex.
Legal assistance is crucial in effectively navigating this process. At Elysian Law, we provide the expertise and support needed to guide you through each step, ensuring your case is presented clearly and effectively.
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Representing The Aggrieved
