What a DVO is
A domestic violence order, or DVO, is an order made under Northern Territory law to protect a person from domestic violence by someone they are in a domestic relationship with. That includes partners and former partners, family members and others who live or have lived together.
An order can be applied for by the person who needs protection, by someone acting for them, or by police. In urgent situations police can make an order themselves, which then comes before the Local Court.
What an order can say
- That the defendant must not harm, threaten, intimidate or harass the protected person
- That the defendant must not contact or approach the protected person
- That the defendant must stay away from a home, workplace or school
- That children are also protected by the order
A DVO is a civil order and is not itself a criminal charge. Breaching a DVO is a criminal offence and can lead to arrest and imprisonment.
If you need protection
We can help you apply for an order, ask for the conditions you actually need, and seek a variation or extension if circumstances change. If you are in immediate danger, call 000.
If you are the defendant
Being served with a DVO application does not mean an order will be made in the terms sought. Depending on the circumstances you may be able to
- agree to an order without admitting the allegations
- negotiate different conditions
- contest the application at a hearing
- apply to vary or revoke an existing order
An order can affect a firearms licence, some kinds of employment and any parenting proceedings, so get advice before the first court date and before you agree to anything.
DVOs and parenting orders
DVOs and family law parenting orders often overlap, and the conditions of one can cut across the other. Because Elmy Legal acts in both the Local Court and the Federal Circuit and Family Court of Australia, the two can be dealt with together.
This page is general information and is not legal advice. Please get advice about your own circumstances before acting.
Domestic violence orders, answered.
Can a DVO be changed or cancelled?
Yes. Either party can apply to the Local Court to vary or revoke an order. The court decides, so a protected person cannot simply withdraw an order, particularly one that police applied for.
Does a DVO stop me from seeing my children?
It depends on the conditions. Orders can be drafted to allow contact that is in line with parenting orders or a written agreement. If the current wording prevents contact, get advice about a variation before you do anything that might breach the order.
What happens at the first court date?
The first date is usually a short mention. The matter may be resolved by consent, adjourned for you to get advice, or listed for a hearing where evidence is given. An interim order may be in place in the meantime.
Ready to talk about your situation?
If you or your children are in immediate danger, call 000. For confidential family violence support at any hour, call 1800RESPECT on 1800 737 732.