domestic violence faqs
G. DOMESTIC VIOLENCE QUESTIONS 53. What is the difference between a DVO and a criminal charge?A DVO is civil; breaching it is criminal. 54. What is a protection order?A court order to prevent domestic violence. 55. What happens if I breach a DVO?It is a criminal offence and can lead to jail. 1. What is the DFV Court?• A specialist court that deals with domestic and family violence matters.• Focuses on safety, protection, and accountability.• Handles:o Criminal offences (assault, stalking, harassment, breaches)o Domestic Violence Orders (DVOs)Goal: Protect victims, provide support, and hold perpetrators accountable while reducing repeat offending. 2. What is a Domestic Violence Order (DVO)?• A court order to protect a person from violence, threats, or harassment.• Can include conditions such as:o No contact (direct or indirect)o Stay away from home, school, or workplaceo Surrender weapons• Breach of a DVO is a criminal offence. 3. Types of DFV Matters in CourtMatter Type DescriptionApplication for DVO Victim or police request an order to protect someone at riskBreach of DVO Criminal charges for failing to comply with the orderCriminal charges related to DFV Assault, intimidation, stalking, property damage 4. Court Process for DFV MattersStep 1: Police Investigation & Charge• Police may lay charges for assault, harassment, or breaches of existing orders.Step 2: Court Mention• First hearing in Magistrates Court:o Bail applicationso Set dates for trial or DVO hearingStep 3: DFV Court Hearing• Hearings are fast-tracked for safety.• Special support services are available for victims and witnesses.Step 4: Orders & Sentencing• DVO issued or varied• Penalties for breaches include fines, probation, or imprisonment 5. Penalties for Breaching a DVO• Maximum imprisonment: 3 years (depending on seriousness)• Repeat offences: Higher penalties, jail more likely• Court considers:o Impact on the victimo History of offendingo Whether conditions were knowingly breached 6. Specialist DFV ProgramsCourts may refer offenders to:• Men’s behavioural change programs• Counselling for anger or substance abuse• Family support programs• Goal: reduce reoffending and protect families 7. Victim SupportVictims of DFV have access to:• Police support and safety planning• Victim support services (e.g., DVConnect, Lifeline)• Court support officers to assist with hearings• Information on civil and family remedies 8. Key Takeaways• DFV Courts prioritise safety, protection, and accountability.• Domestic Violence Orders (DVOs) are enforceable and breaches are criminal offences.• Specialist programs aim to reduce reoffending.• Victims are supported through dedicated court services. Note: The information on this page is general in nature and isn’t legal advice. For advice about your specific situation, get legal advice from a lawyer.