Milne Berry Berger & Freedman
Domestic Violence

The break down of a relationship and accompanying of the anxiety and the distress can often lead to situations where one party behaves inappropriately causing fear, apprehension of or injury to the other.

There is no excuse for what we call domestic violence.

The law recognises these issues and amendments made some years ago to the Crimes Act provide the Courts with the power to make Orders restraining certain types of conduct from being perpetrated on partners to a relationship (or any other members of the public).

Your local police will be able to provide you with immediate assistance if you feel the need to obtain legal protection for domestic violence.

In order to obtain a Domestic Violence Order (DVO), the Court and in some instances the Police need to be persuaded that you have a reasonable apprehension of harm coming to you.

If that can be established an Order will be made. If there is a real and legitimate fear, the Courts can make an Order without notice to the offending party.

There are two types of mandatory Orders which will automatically be made if the Court and Police are satisfied if there is a need for the AVO they are:

  1. An Order that the other party must not assault, molest, harass, threaten or otherwise interfere with you (the protected person).

  2. The other party must not reside at the premises at which the protected person may from time to time or work or any other premises.

There are other discretionary Orders which can be obtained depending on the circumstances of the relationship.

We can provide you with immediate advice as to how to obtain these Orders or in the event the Orders have been obtained against you, how to deal with these Orders.

Once a Domestic Violence Order has been made, if it is breached a Criminal Act can occur and can be recorded on a persons record.

You have the right to remain safe and protected in your life and should not tolerate any abuse.


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