APPREHENDED VIOLENCE ORDERS – NT

NATIONAL RECOGNITION:

The National Domestic Violence Orders Scheme began on 25 November 2017. All domestic violence orders (DVOs) issued from 25 November 2017 are automatically nationally recognised and enforceable in every state and territory in Australia. Thus, the apprehended violence orders in NT.

DOMESTIC VIOLENCE

In the context of domestic violence orders, certain definitions are very important. These terms are defined in legislation and are defined in somewhat wider terms than one would normally expect. 

What is Domestic Violence?

Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their safety and wellbeing.

Domestic violence is usually a pattern of abusive and controlling behaviour taking many forms. It happens in intimate, family or informal care relationships.

Regardless of age, culture, sexuality or gender identity, you have the right to live without fear.

Domestic violence includes a wide range of behaviours that control or dominate someone or cause them to fear for their personal safety or wellbeing. These behaviours may include:

    • physical or sexual abuse—punching, hitting, choking, or threatening to punch or hit, forcing a person to participate in sexual acts, damaging someone’s property or threatening to damage property, including hurting or threatening to hurt pets
    • emotional or psychological abuse—stalking, repeated text messaging, making insulting comments, calling someone names, blackmailing or extorting, preventing contact with family and/or friends, controlling someone’s appearance, putting them down, threatening to expose their sexual orientation
    • economic abuse—denying, withholding, controlling or misusing money or property, or threatening to do so
    • threatening behaviour—saying things or acting in a way to make someone feel afraid, threatening to commit suicide or self-harm, stalking
    • coercive behaviour—forcing, intimidating or manipulating a person to do things they don’t want to do, such as sign a contract (e.g. for a loan) or a legal document giving another person power over their affairs (e.g. power of attorney).

Domestic violence extends to children seeing violence, like their parent being hurt, being called names, things being broken or police arriving.

Who is a Spouse?

A ‘spouse’ is defined to mean:

  • either one of a male or female who are or have been married to each other;
  • either one of the biological parents of a child, whether or not they are or have been married or are residing or have resided together; or
  • either one of two persons, whether they are the same or the opposite sex, who are residing or who have resided together as a couple.

What is an Associate?

An ‘associate’ is a person whom the aggrieved spouse regards as an associate, or who regards himself or herself as an associate of the aggrieved spouse. However, it must be reasonable to regard that person as an associate. Examples of associates are :

  • a person who works at the same place as the aggrieved spouse;
  • a person who resides at the same place as the aggrieved spouse; or
  • a person who belongs to the same church, club, or other type of association as the aggrieved spouse. 

What is a Relative?

A ‘relative’ is a person whom the aggrieved spouse regards as a relative or who regards himself or herself as a relative of the aggrieved spouse. However, it must be reasonable to regard that person as a relative. It must also be borne in mind that some people, such as Indigenous people, or people with particular religious beliefs, have wider concepts as to who is a relative. 

national domestic violence orders scheme
RULES OF A DOMESTIC VIOLENCE ORDER (DVO)

There are different types of domestic violence orders with different rules for the person the order is being sought against. 

These include any of the following:

  • Full non-contact
  • Non-violence
  • Full non-contact while intoxicated.

 

You can apply for a domestic violence order (DVO) against another person if you are either: 

  • In a domestic relationship with them
  • Or adult acting on behalf of another adult or child who is in a domestic relationship with the person. 

Other people who can apply for a domestic violence order against another person are:

  • Police officers
  • And Family and Children’s services officers.

 

A domestic relationship can be between any of the following:

  • Married or de facto partners
  • Relatives such as mothers, fathers, sisters, cousins and in-laws
  • Relatives according to Aboriginal tradition
  • Partners who are dating or are engaged to each other
  • People who live together, including housemates or former housemates
  • People who are in a carer’s relationship.

PERSONAL VIOLENCE ORDER (PVO)

A personal violence order (PVO) is a protection order made against someone you are not in a domestic relationship with.

You can apply for a personal violence order against any of the following people: 

  • Neighbours
  • Work colleagues
  • Personal and professional associations.

 

It can stop someone from:

  • Contacting you
  • Using violence against you
  • Causing damage to your property, including injury or death to animals
  • Threatening to use violence against you
  • Stalking or harassing you.

Know what you can do

AussieLegal offers a number of legal kits and paralegal services that are specifically designed to help family members make a personal application and save thousands in legal fees.

Reach out on 1300 728 200 to discuss your situation with one of our consultants.