Domestic Violence Order - Australia

QuickQuestionAus · 2022-05-05T12:44:57+00:00

Just wondering if anyone has any experience of these. Chatting to a friend who lives in Cairns earlier. She had met a guy, fallen for him. He's just told her that he's 3 years into a 5 year DVO that his ex wife took out. He's told her that all that happened was that his ex and her sister signed statements and gave them to the police. That's all it took to get the DVO and he didn't do anything wrong. I'm a bit concerned and wondering if anyone has experience of these in Australia. Is that really all it takes to get a DVO?

TravelDreamLife · 05/05/2022 14:03

A friend (South East QLD) just got one. It took a LOT of incidents to get the police to apply to the courts to take one out. Then they went full speed & didn't mess around. 5 years is the max you can take out (but another can be issued after that).

A statement would be suitable evidence, but there has to be a solid reason & proof why it was taken out. It goes to court & can be fought. They're not handed out lightly. I'd be treading very carefully if I was your friend. My friend's DVO recipient says the same thing about doing nothing & is DEFINITELY lying.

Original poster

QuickQuestionAus · 05/05/2022 14:06

My spidey senses were definitely tingling when she told me this. I understand the DVO is civil, rather than criminal but breaking the terms of the order is a criminal offence.

I don't understand how two written statements would be enough to get the DVO. Surely anyone could write a statement and take out a DVO out of spite, if that's the case. Surely the police and court would need more than that? Something is not feeling right.

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starrynight21 · 05/05/2022 14:07

A DVO in Queensland is not that easy to get. Yes his wife and her sister could have signed statements, but then the statements go to the court and the case is heard in court. If the evidence stacks up, you get the DVO.

If the alleged perpetrator agrees, its a pretty straightforward case, but if they don't its a full court case. I think your friend's new man is glossing over what happened - he didn't just get the DVO against him on his ex's say so. He either agreed to the order, or the court found that he was guilty .

I'm not saying he is an evil person - my DSS got a DVO against him because he punched on a door when she was inside and she said she feared for her life. So yes I do know that some people get DVOs against them for minor infringements but your friend needs to be careful as this is a major red flag,

Original poster

QuickQuestionAus · 05/05/2022 14:12

He'd told her that it cost too much to fight it. So he admitted to the terms of the order but didn't admit to doing anything that his ex had claimed he did. So didn't admit guilt.

It just doesn't sound right to me.

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BigFatLiar · 05/05/2022 14:23

QuickQuestionAus · 05/05/2022 14:12

He'd told her that it cost too much to fight it. So he admitted to the terms of the order but didn't admit to doing anything that his ex had claimed he did. So didn't admit guilt.

It just doesn't sound right to me.

It's up to you. Sometimes people simply can't afford to be innocent .

Was reading recently of a man who spent 28 years in jail for rape, he was released after the victim admitted to her friend she'd made it up and the friend reported it. The man couldn't afford his own lawyers so had been persuaded to take a deal.

Perhaps the man was violent perhaps he wasn't. Shit happens lots of people take the easy option simply because they can't afford to fight it.

Original poster

QuickQuestionAus · 05/05/2022 14:26

It's up to her really. I just felt uncomfortable about what she was telling me.

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TravelDreamLife · 05/05/2022 14:29

Sounds exactly like my friend's situation. He claims he didn't do it. He agreed because it cost to fight it. Etc... Etc... Etc... Didn't have to admit guilt. Just accept or choose to fight it in court.

Civil or police it's not an easy process to get & civil is quite expensive (friend looked at it before police finally acted).

He might not be a violent offender but I'd be very wary. There's still a reason for it.

lborgia · 05/05/2022 14:41

In another state, but my understanding is that it's no small deal.

For 5 years the "abuser" is not allowed to contact the person claiming, or go near any relatives, or any child, or their school, or friends etc etc. It does involve a court proceeding, and it's not nothing.

I cannot believe the OP above described her dss as getting a dvo "even though he only punched a door".. do you have any concept of how out of control someone has to be to do that, or how frightening it is to witness?

There's a whole lot of dv apologists around, don't take their advice.

There's a reason this man is legally confined by a court order for 5 years. Any woman ought to run a mile.

Original poster

QuickQuestionAus · 05/05/2022 14:47

For 5 years the "abuser" is not allowed to contact the person claiming, or go near any relatives, or any child, or their school, or friends etc etc. It does involve a court proceeding, and it's not nothing.

It sounds like he still has access to the kids but he has to meet his ex somewhere public to collect the kids. So I assume he can't go to her house.

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lborgia · 05/05/2022 14:54

Yep, you get variations to the order, but it's still the result of a proper court proceeding, and if he does anything to break the dvo, he goes to jail for up to 3 years. Not small.

And it's not THAT expensive to contest, you can qualify for legal aid, otherwise you can represent yourself and get witnesses etc.

Not ideal, but from the little I know, it sounds a bit like all those claims that the ex is a bitch, and he never laid a hand on her...

If I were her, at the very least, I'd want to see the details of his particular dvo. I'm a cynic, but I'd be very surprised if she knows the whole story.

Original poster

QuickQuestionAus · 05/05/2022 15:03

I'm not entirely sure why he's told her about it. I'm assuming something has come up that meant he had to tell her before she found out. Or, he can't do something due to the order being in place.

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Original poster

QuickQuestionAus · 05/05/2022 18:26

@lborgia

Are DVOs on public record?

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lborgia · 05/05/2022 21:33

Depends which state she's in. There's this, but thought you could only look up info if you had that person's consent. Maybe not!

www.courtdata.com.au/individual.html

Original poster

QuickQuestionAus · 05/05/2022 21:41

Thank you. It says Queensland don't identify DV matters unfortunately. I

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Original poster

QuickQuestionAus · 05/05/2022 21:41

We have something called Claire's Law in the U.K. The police have to tell you if a new partner has any DV record.

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Maytodecember · 05/05/2022 21:55

Have you tried googling his name with town where he lives ? Might show up a court report or local news item.

barkingdogturfwar · 05/05/2022 22:01

starrynight21 · 05/05/2022 14:07

A DVO in Queensland is not that easy to get. Yes his wife and her sister could have signed statements, but then the statements go to the court and the case is heard in court. If the evidence stacks up, you get the DVO.

If the alleged perpetrator agrees, its a pretty straightforward case, but if they don't its a full court case. I think your friend's new man is glossing over what happened - he didn't just get the DVO against him on his ex's say so. He either agreed to the order, or the court found that he was guilty .

I'm not saying he is an evil person - my DSS got a DVO against him because he punched on a door when she was inside and she said she feared for her life. So yes I do know that some people get DVOs against them for minor infringements but your friend needs to be careful as this is a major red flag,

Minor infringements. Behave.

lborgia · 05/05/2022 22:08

@barkingdogturfwar

Original poster

QuickQuestionAus · 05/05/2022 22:09

Maytodecember · 05/05/2022 21:55

Have you tried googling his name with town where he lives ? Might show up a court report or local news item.

Yes, I tried that earlier. Nothing.

I've got a niggle about this. She's a good friend of mine from school. We live in different countries but have always stayed in touch. I'm worried.

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lborgia · 05/05/2022 22:12

I'm afraid until extremely recently DV has been poorly handled, and frankly continues to be an embarrassment. The police have a terrible record.

Having said that, she could always pop into her local station, and just ask how it works. Say she has a new boyfriend who casually mentioned it, and she's worried what it might actually imply (you know, that he did something worth the court's time, the woman getting evidence together, and the police and judge taking time to process).

Seriously, if she was the one posting, we'd just be saying, life's too short, move on.

Notanotheruser111 · 05/05/2022 22:13

When someone applies for a DVO the respondent can agree to the terms without admitting the act. It sounds like he’s done this.
hes either stupid for doing so or lying.

I get to see a lot of family violence orders in my job including the narratives or the story behind them. It is rare that someone just agrees much more common that they have no insight into their actions actually being family violence

the fact that he can see his kids does not mean he hasn’t committed family violence either

Original poster

QuickQuestionAus · 05/05/2022 22:18

Seriously, if she was the one posting, we'd just be saying, life's too short, move on.

I know.

She's fallen for him though. She seems to be excusing this. His ex was a narcissistic bully etc. The DVO is a continuation of her bullying him.

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lborgia · 05/05/2022 22:25

Ah, but that's how it works. They're pass masters at sucking you in. All you can do is keep in good contact.

@Notanotheruser111 is spot on about the kids too. You can be convicted of dv and STILL see your kids. The mum will also be bound not to disclose what has been decided in family court. There was a recent interview on TV here with a mother who could've been arrested for talking to the journalist about her experiences.

Sorry, probably freaking you out now. But people need to know.