WHETHER you have concerns for your own safety or that of a loved one, a domestic violence order (DVO) can be the difference between a life in fear and one saved.

The order is one that can be obtained easily and protect the aggrieved (victim) and any other family members who might be at risk of violence.

Solicitor Bonnie O’Brien, of Gudkovs Power Settgast, explained the first step of getting a DVO is simply filling out a form.

“In terms of getting a domestic violence order, it can be done in two ways; either through a police application or a private application,” she explained

“The form has a series of questions; it asks you to substantiate previous acts of domestic violence.”

She said once the eight-page form was lodged, the application is served on the other person then a case is heard in Magistrates Court.

“It’s a closed court,” Ms O’Brien said.

“No-one else is in there besides the parties to the matters; no-one can spectate.”

The respondent (person having the DVO lodged against them) can either consent to the order, contest the order or consent without admissions.

“If the respondent continues to contest it, it goes to a trial and the magistrate decides if they think an order is necessary,” Ms O’Brien said.

Once the order is made, there is a standard condition put in place.

“That condition is that the person must be of good behaviour and not commit any more violence,” Ms O’Brien said.

“There are additional optional conditions, like not attending a place of work, not approaching from certain distances, not going to certain locations, and you can get a condition that says the person can’t come back to the place of residence unless accompanied by police.”

Other people, such as children, partners and family members, can be named and protected by a DVO.

“But there needs to be a basis for them being named on the order; you can’t just say, ‘I’ve got kids, I want them named’,” Ms O’Brien said.

“You have to be able to establish both for yourself and those people that they’re at risk.”

While it can be a lengthy process to get a DVO, a temporary order can be administered for the protection of the aggrieved.

“The judge can put a temporary DVO in place until the final hearing is heard,” Ms O’Brien said.

“The final hearing can take some months to resolve.”

A DVO itself is not a criminal offence, Ms O’Brien explained, but once it has been breached it is subject to penalty and punishment.

“If you get a DVO and you never do anything against it, nothing will ever happen out of the end of it,” she said.

“When you breach it, it becomes a criminal offence.”

The punishments for a breach are severe, with recent changes to legislation changing the maximum penalty to three years jail.