A Step-by-Step Guide for Respondents
Being named as the Respondent in a domestic violence order (DVO) application in Queensland may be overwhelming. Confusion, anger, fear and anxiety are all common reactions.
You may be wondering:
- What is a DVO?
- Who made the application?
- Why do I have to go to court?
- What does the paperwork mean?
- What are my rights and obligations?
- Most importantly, what should I do next?
Even if you disagree with the allegations or intend to contest the application, it is essential to take the process seriously. Domestic violence matters can progress quickly, and once served, you therefore may already be subject to legal restrictions or face an imminent court date. Thus, to protect your rights, it’s crucial to remain calm and act promptly.
Your Step-by-Step Guide as a Respondent
Step 1: Contact a Lawyer Immediately
Your first step should be to seek advice from an experienced domestic violence lawyer. At Potts Lawyers, we provide 24/7 legal assistance. Call us on (07) 3221 4999 for immediate support.
If you’re unable to speak to a lawyer straight away, this guide will help you understand your rights and responsibilities until you can obtain legal advice.
Step 2: Know Your Legal Rights
Right to Be Heard
You have the right to be heard in court before a final order is made. This includes the right to:
- Present your version of events
- Submit evidence
- Cross-examine witnesses
- Challenge the allegations
This process will happen through formal legal channels, not in your initial reaction or informal conversations.
Right to Silence
You are not required to answer questions from police or other parties about the allegations. Aside from providing your name, date of birth, and address, you may decline to answer any other questions. Your silence cannot be used against you as evidence of guilt.
Right to Legal Representation
You are entitled to legal advice at all stages, including if you are arrested, interviewed, or questioned. If this happens, you can request to speak to a lawyer before saying anything further.
Step 3: Understand the Application
A DVO application is a legal document filed in court by a person (the Applicant) seeking protection. You will receive a copy of the application either by post or in person. In most cases, this will occur before the first court date, though not always.
Key parties in the application:
- Respondent: You, the person accused of domestic violence.
- Aggrieved: The person seeking protection.
- Applicant: Either the Aggrieved or a Queensland Police officer.
- Named Persons: Others (such as children or family members) who are also alleged to require protection.
Step 4: Confirm Who the Applicant Is
Confirming who the applicant is will determine how the application proceeds:
- Police application: Lodged by a Queensland Police Service (QPS) officer and managed by the Police Prosecutions Corps.
- Private application: Filed by an individual (usually the Aggrieved) and may involve their legal representative.
Step 5: Read and Understand the Allegations
The application outlines:
- The identities and relationships of the parties
- Alleged acts of domestic violence
- Reasons for seeking protection
- The type of protection being sought
This document is a legal argument. It may include allegations you strongly disagree with. Resist the urge to respond emotionally or try to explain your side without legal guidance.
Step 6: Check for Temporary Orders
DVOs can be temporary or final.
Police Protection Notice (PPN):
A PPN is a short-term order issued by police and is enforceable immediately. It will either expire or be replaced by a Temporary Protection Order (TPO) at court.
Temporary Protection Order (TPO):
TPO’s are issued by the court and usually stays in place throughout the court process. It can be varied or revoked at any stage and may be replaced by a final order.
Step 7: Understand Your Obligations
If you’re served with a PPN or TPO, you must comply with its conditions. These may include:
- No contact with the Aggrieved or other named persons
- Not approaching certain homes, schools or workplaces
- Not locating or attempting to locate protected persons
- Leaving a shared residence
All DVOs include the mandatory condition to be of good behaviour and not commit further acts of domestic violence. In Queensland, domestic violence includes not only physical abuse, but also emotional, verbal, financial, coercive, controlling, and isolating behaviours.
Step 8: Know the Risks of Breaching an Order
Breaching any DVO condition is a criminal offence. Even if the Aggrieved contacts you first or encourages contact, you, as the Respondent, will bear legal responsibility.
Read your order carefully as breaching a condition, even accidentally, may lead to arrest and prosecution.
Step 9: Do Nothing (Until Advised)
While this may sound counterintuitive, it is actually protective.
Unless you’re required to comply with specific instructions (such as vacating a home), avoid taking any action until you have legal advice.
Do not:
- Contact the Aggrieved or other parties
- Discuss the case with neighbours, family or friends
- Attempt to gather your own evidence
- Change financial or parenting arrangements
- Leave the country
Any of these have the potential to viewed as a breach of your order or an attempt to influence witnesses.
Step 10: Speak to a Lawyer Again
This guide is not a substitute for legal representation. A lawyer can:
- Explain your rights and options
- Assess the risks you face
- Help you prepare your evidence
- Respond to false or exaggerated claims
- Represent you in court
The law surrounding domestic violence is constantly evolving, and thus legal advice is essential for protecting your interests.
Need Help? We’re Here for You
Facing a DVO application can be overwhelming, but you don’t have to face it alone. With experienced legal guidance, you can respond confidently and protect your future.
Contact us for confidential, immediate assistance: Gold Coast Office: (07) 5532 3133, Brisbane Office: (07) 3221 4999, Lismore Office: (02) 6616 2101, or After Hours: 0488 999 980