The Domestic and Family Violence Protection Act 2012 sets out the legislative framework relevant to domestic violence protection order applications. We can provide representation in this specialised area for either the applicant - the victim of the domestic violence, or the respondent – the person accused of the domestic violence.
In recent years the definition of what constitutes domestic violence has expanded, and the test to be applied by the court in determining whether an order should be made has broadened. These two factors make it easier for victims of domestic violence to obtain protection orders and harder for those seeking to contest them.
Because of this, and due to the legal framework which allows a respondent to a domestic violence application to “consent without admissions”, very careful consideration must be had as to whether or not to contest the application. Consenting without admissions means that the respondent agrees to the order being made, however does so without being required to accept the allegations within the application.
That said, there can be very real disadvantages of having a protection order in force against you. For example, in almost all cases it results in the loss of a weapons licence. Likewise, whilst domestic violence applications are not criminal in nature, breaches of a protection order are considered a criminal offence and treated very seriously by the courts.