- Domestic and family violence
- Introduction
- Mandatory Reporting Obligations
- Domestic Violence Orders
- Who can apply for a DVO?
- Types of Domestic Violence Orders
- What is an undertaking?
- Contested hearing
- Application to vary, revoke or extend a Court DVO
- Immigration and domestic violence
- Other legal options
- Personal violence restraining orders
- Crimes compensation
- Domestic violence services
Domestic and family violence
Contributed by AnnabelPengilley and KrisNorrington, as amended by DominicIllidge, current to May 2024
Introduction
What is Domestic Violence?
'Domestic violence' includes where one person in a domestic relationship (see Who can apply for a DVO) engages in conduct to establish and maintain control over the other person. Such conduct is not restricted to physical assaults. It can include:- sexual coercion
- threats to assault or kill a person
- causing a person to fear for their safety or that of another person
- damage to property or threats to damage property, including pets
- intimidation, such as threats to have a person incarcerated or classified as mentally ill, or threats to reputation, for example, threats to disclose intimate photographs to a person's family, work or social network
- emotional or psychological abuse that torments, coerces, intimidates, harrassed or is offensive to a resonable person and results in them suffering emotional distress or mental harm, including verbal abuse, repeated derogatory taunts, threats of harm or self-harm, threats to withhold medication or care the person is dependent on, or repeated contact without consent
- intimidation including harrassment such as regular and unwanted contact, or causing the person to fear violence towards them
- economic abuse, such as withholding or controlling money, creating debts in another person's name, not allowing a person to have access to food, clothes and personal items, or coercing a person to make claims for government payments
- distributing intimate images of a person, such as pictures of a person engaged in a sexual act or showing their genital region whether bare or covered by underwear
- coercive control, including making the person fear for their safety including through dominating, regulating or monitoring a person's daily activity, or forced isolation from work, family, friends, culture or religion
- stalking, and
- using technology as a means to commit any of the above conduct mentioned above, such as using tracking software, or using social media to abuse a person.
What can the law do?
The law can:- deter and punish an offender by dealing with them in the criminal justice system
- provide protection for a victim of domestic violence in the form of a domestic violence order (DVO) under the Domestic and Family Violence Act 2007 (NT) or a Federal Circuit and Family Court of Australia injunction under the Family Law Act 1975 (Cth), and
- provide compensation for injuries under the Victims of Crime Assistance Act 2006 (NT) (see Injuries and damage caused by crime).
(National Uniform Legislation) Act 2013 (NT) , the Criminal Code Act 1983 (NT) , Victims of Crime Assistance Act 2006 (NT) and the Firearms Act 1997 (NT) . The Criminal Code Act 1995 (Cth) is relevant particularly in relation to the use of a carriage service to menace, harass or cause offence, threat serious harm and threat to kill (see also Telecommunication and postal consumers).
The role of the police and the criminal justice system
A person threatened or subjected to violence should seek police assistance. The police can be contacted by telephoning 131 444 or 000 if urgent. Both the Domestic and Family Violence Act 2007 (NT) and the Care and Protection of Children Act 2007 (NT) place mandatory duties on all Territorians, including solicitors, to report domestic violence and child abuse in certain situations. Failure to report as required by the law attracts criminal sanctions (see section Mandatory Reporting Obligations).Police powers
The Criminal Code Act 1983 (NT) applies to all criminal offences committed in the NT. The types of offences committed in the home include assault, aggravated assault, sexual assault, attempted murder, manslaughter, breach of domestic violence order, threats to kill, trespass, criminal damage and stalking. Criminal conduct committed in the home or in the context of a domestic relationship is a criminal offence. Once a complaint of violence in the home is received, police should investigate it in the same way as other serious complaints and alleged offences. When police arrive at a domestic violence incident and find evidence that a crime has been committed, they may arrest and charge the perpetrator. Police can enter a house even if the perpetrator refuses to let them in. Police have the power to search and remove firearms. Police should not leave until they are satisfied that everyone at the scene is safe. Police are also required to take any other appropriate action which may include making a Police s28 DVO which will be in force immediately (section 28 of the Domestic and Family Violence Act 2007 (NT)) or by applying through the Local Court for a DVO (see section 51 of the Domestic and Family Violence Act 2007 (NT)). The police do not have to charge the person with a criminal offence to make a DVO (see section Domestic Violence Orders). Police also have the power to remove a perpetrator from the scene of the violence and keep them in custody for four hours while a DVO is obtained (section 84 of the Domestic and Family Violence Act 2007 (NT)). Police can take this action if they reasonably believe that there are grounds for making a DVO against the person and that there is an imminent risk of harm to the victim or their property (section 84 of the Domestic and Family Violence Act 2007 (NT)). A respondent can be detained for up to 10 hours where police believe the respondent is intoxicated (so long as a senior police officer is informed and a health practitioner examines the person held), and that as a result they cannot properly give the respondent a copy of the DVO (section 84 of the Domestic and Family Violence Act 2007 (NT)). As part of a Police s28 DVO, an order for the respondent to vacate premises where the respondent and protected persons have lived or been living together can be made (section 22 of the Domestic and Family Violence Act 2007 (NT)). The police can also take a victim to a hospital or other place to receive medical attention or to a safe place, such as a refuge or friend's or relative's place. The police can also take an offender, if not arrested, to a hostel or friend's house.Bail
If a respondent is arrested and charged, the police may release them on bail. If the police do not release the respondent on bail, they will be taken before the court to allow the respondent the opportunity to make an application for bail. If bail is granted, the prosecutor should request bail to include conditions that provide for the alleged victim's safety. Such conditions might be that the respondent not approach the alleged victim or their house and not contact them in any way. The court's decision whether to grant bail or not depends entirely on the circumstances of each case, and the court may wish to hear from the alleged victim before making a decision. If the alleged victim does not want the respondent released on bail, they should tell the prosecutor who is handling the matter in court. If a respondent breaches any condition of bail, the police should be notified immediately. Victims should be aware that where respondents are remanded in custody, they may be released on bail at any time and the victim will not necessarily be notified of this. Further, a respondent's bail conditions may be changed without notice to an alleged victim at any time. As such, if the victim has concerns for their safety, a DVO application may be appropriate.Getting information from the police
The Northern Territory Charter for Victims of Crime states that police will, on request, provide a victim with information about the following matters:- Information about the charges laid against the respondent, or reasons why charges have not been laid
- When and where the case is to come before the court
- Whether bail has been granted and any bail conditions that relate to the victim, and
- Information about the outcome of criminal proceedings and any sentence imposed.
Complaints about police
A person who is not satisfied with police conduct can make a complaint (see Complaints about police).Mandatory Reporting Obligations
Mandatory reporting of domestic violence
Practitioners and all adults in the Northern Territory must report abuse that occurs in a domestic relationship, and:- Has caused harm, or is likely to cause harm, that is 'physical harm that is serious harm', or
- Where there is a threat to the life or safety of a person (section 124A(1)(a) of the Domestic and Family Violence Act 2007 (NT)).
- The person has a reasonable belief that someone else has already reported the same belief about the circumstances (s124A(4)(a))
- The person is engaged in planning for the removal of the victim and an intention to report belief as soon as practicable after the removal (s124A(4)(b)), or
- In relation to physical harm that is serious harm (the circumstance in s124A(1)(a)(i) above), the person has a reasonable belief that a serious or imminent threat to the life or safety of any person may result if the matter is reported (s124A(3)(c)).
Mandatory reporting of child abuse
The Care and Protection of Children Act 2007 (NT) provides further mandatory reporting requirements in the Northern Territory in relation to the safety of children. Section 26 requires that where a person believes on reasonable grounds that a child has been or is likely to suffer harm or exploitation or has been or is likely to be the victim of a sexual offence, the person must report that belief to a police officer or the CEO of Territory Families. See section 'Mandatory reporting and investigation of notifications of harm/risk of harm or exploitation of a child' .Domestic Violence Orders
Introduction
A domestic violence order (DVO) is an order made by the Local Court under the Domestic and Family Violence Act 2007 (NT) which restricts the behaviour of one person towards another. A DVO can be enforced by the police. The person applying for the DVO is referred to as the applicant. The person who will be protected by the DVO is referred to as the protected person. The person whose behaviour the applicant is seeking to restrain is referred to as the respondent. Please note that if a DVO application, police DVO or application to vary or revoke a DVO was made prior to 25 March 2024 and the matter is still before the court, the legislation as it was immediately before that date from parts 2.4 to 2.10 (which includes how police DVOs are made, or how people can apply for DVOs or variations of DVOs) of the Domestic and Family Violence Act 2007 (NT) applies (s 150 Domestic and Family Violence Act 2007 (NT)). If you have a matter before the Local Court that started before 25 March 2024, please seek legal advice as this handbook provides how the law operates as of 25 March 2024.Key features of a DVO
- A DVO is a civil order of the court that restrains a perpetrator (the respondent) from committing future domestic violence against the victim/s (protected person/s)
- A DVO is not a criminal sanction, is not included on a person's criminal record and is not intended to punish the respondent
- A respondent may 'consent without admissions to liability' to the making of DVO. A DVO consented to without admissions to liability would not affect the civil or criminal liability of the respondent in respect of conduct to which the DVO relates (Domestic and Family Violence Act 2007 (NT) s87), such as if the respondent was also charged with a criminal offence for the conduct that also resulted in a police DVO
- NT DVO's are Nationally Recognised Orders. This means that they are valid and enforceable in all Australian States and also in New Zealand.
Breaching a DVO
It is a criminal offence not to comply with terms of a DVO if the respondent has been served with the DVO (s120(1) Domestic and Family Violence Act 2007 (NT)). All breaches should be reported to the police, even if the respondent did not hurt the applicant in any way. Breach of a DVO is an offence of strict liability (s120(3) Domestic and Family Violence Act 2007 (NT)). A respondent can still be charged with a breach of a police DVO even after a final DVO has been made by the court, if the conduct would have been a breach of the police DVO (Domestic and Family Violence Act 2007 (NT) s120(2)). If found guilty of breaching a DVO, a first offence is punishable by a term of imprisonment of up to two years (s121(1) Domestic and Family Violence Act 2007 (NT)). If a person is found guilty of breaching a DVO for a second time, the second offence is punishable by a term of imprisonment of up to three years, unless the second offence involved harm or a threat of harm to the protected person, in which case the second offence is punishable by a term of imprisonment of up to five years (s121(4) and (5) Domestic and Family Violence Act 2007 (NT)). In addition, if a person is being sentenced for being found guilty of at least 3 breach offences that occured within 28 days that did not cause or threaten to cause harm to the protected person, that person can be punished by way of a maximum term of imprisonment of up to 3 years. Other penalties, such as a good behaviour bond or community service orders, are possible.DVOs and firearms
The Firearms Act 1997 (NT) provides that a respondent's firearms licence automatically suspends when an interim DVO is made (s39(1)). A person must surrender their licence and deliver any firearms with respect of that licence to Police (s39(2)). The suspension of the firearms licence will end when the interim DVO is revoked. A respondent's firearms licence is revoked when a final domestic violence order is made (s40(1)). The Firearms Act provides that a gun licence must not be granted to a person who has a final DVO in force against them or has had a DVO in force against them within 5 years of making an application for a DVO (s10(3)(g)). That is, a person cannot be granted a firearms licence until 5 years have passed since the final DVO expired. Respondents whose employment requires them to handle firearms, such as police officers or defence personnel, should obtain individual advice about any impact of suspension or revocation of their firearms licence, or their access to firearms, in so far as it affects them in a work capacity.DVOs and NT Working with Children Clearance (OCHRE Card)
The making of a DVO against a person will not of itself impact the person's ability to apply for or retain a NT Working with Children Clearance. As a DVO is a civil order, no DVOs will be disclosed on a criminal history check. However, any conviction for breach of a DVO would be disclosed on a criminal history check. The Care and Protection of Children Act 2007 (NT) regulates the approval of applications for a Working with Children Card. If a person has been convicted or has a criminal history of a prescribed criminal offence, a Working with Children Clearance will not be approved (s189(1)). Schedule 3 of the Care and Protection of Children (Screening) Regulations 2010 (NT) prescribes the relevant disqualifying criminal offences. Broadly, the most significant criminal offences for the Working with Children Clearance include sexual, violent and drug-related offences involving children. The offence of engaging in conduct in contravention of a DVO is not a disqualifying offence at Schedule 3 and therefore should not in of itself impact on an existing or future NT Working with Children Clearance. However, there are administrative guidelines that must be applied when determining to grant a Working with Children Card, meaning a DVO could still be considered in that decision.What orders can a DVO include?
A DVO can include different kinds of orders depending on the circumstances and protection needs of the parties. Any conditions in a DVO must be conditions that are necessary and desirable to prevent the commission of domestic violence against the protected person, to ensure the respondent takes responsibility for the domestic violence committed against the protected person and to encourage to respondent to change their behaviour (s 21(1)(a) and (b) Domestic and Family Violence Act 2007 (NT)) 'Non-contact orders' can restrain the respondent from any direct or indirect contact with the protected person/s, or provide exceptions for contact only for the purpose of making arrangements for the children or property of the parties. Such contact can be direct or only via certain third parties or in accordance with a parenting plan or family law order. Such orders can also restrain the respondent from remaining at any place where the protected person/s are living, working or visiting. 'Non-intoxication orders' can restrain the respondent from contact with the protected person/s while intoxicated or under the influence of drugs, and provide that the respondent must submit to a breath analysis or other tests by Police. 'Non-violence'; or 'non-harm' orders restrain the respondent from harassing, threatening, verbally abusing or assaulting the protected person, damaging or threatening to damage their property or exposing the children of the parties to domestic violence (s21 Domestic and Family Violence Act 2007 (NT)). Both non-violence and non-intoxication orders allow the protected person and respondent to communicate, to remain in a relationship and/or live together if they wish. All DVOs that are made or varied after 25 March 2024 must include include an order stating the respondent is prohibited from committing domestic violence against each protected person (s20A Domestic and Family Violence Act 2007(NT)). A DVO can include orders that the respondent is restrained from stalking the protected person, and that they are restrained from locating or attempting to locate the protected person. The court can make an order requiring the respondent to attend counselling or rehabilitation. This kind of order can only be made with the consent of the respondent and only if the respondent is a suitable person to take part in such a program and there is a suitable place available (s24 Domestic and Family Violence Act 2007 (NT)). The court may make any other orders that the court considers are just and desirable in the circumstances, including an order requiring the return of personal property to the protected person or respondent (s21(c) Domestic and Family Violence Act 2007 (NT)). The court can also specifically order a respondent to destroy an intimate image of a protected person. There are standard orders contained in the Local Court DVO application form and in the Police section 28 form.DVOs and living arrangements
The court or authorised police officer can make an 'exclusion order' that restrains the respondent from entering the protected person's home or an order that the respondent vacates the premises where they live or have previously lived with the protected person (s22(1) Domestic and Family Violence Act 2007 (NT)). Where the parties normally live in the same house with a child and an order is made that stops or limits a respondent's contact with the protected person or a child, the court must presume the protection of the protected person and child are best achieved by them living in the home as opposed to the respondent (s20 Domestic and Family Violence Act 2007 (NT)). An order to vacate or not to enter a home can be made even if the respondent owns all or part of the home or if the property is rented in the respondent's name, protected person's name or in joint names. The court must consider if the protected person usually resides at the premises and if they can live in safety there, any disruption that would be caused to the protected person or their children if an exclusion order is made and the impact of the exclusion order on the respondent's relationship with children residing with the protected person and on their accomodation or employment (s22(2) Domestic and Family Violence Act 2007 (NT)). Where a premises exclusion order has been made, the law allows the respondent to enter the home in the company of a police officer to collect their personal property. Personal property includes clothes, tools of trade, personal documents or other items of personal effect (s85 Domestic and Family Violence Act 2007 (NT)). In relation to a tenancy, the court can make a replacement agreement to remove or replace the respondent or protected person's name on the tenancy agreement, or an order to terminate a tenancy agreement. The court can only do so if a premises exclusion order is made or if the protected person no longer wishes to remain in the home. In making such orders, the court must be satisfied that:- There is no reasonable likelihood of the respondent and protected person living together free from domestic violence
- The landlord consents or the court is satisfied that landlord's refusal to consent to the tenancy termination or replacement is unreasonable,
- The protected person consents to the order;
- The party remaining at the premises would be able to be comply with the replacement agreement; and
- The Court considers it appropriate in the circumstances to make the order (s22(3) Domestic and Family Violence Act 2007 (NT)).
DVOs and children
If the police are called to a domestic violence incident and there are children present, the police must take action to protect the children. This means that the police will need to:- Check if there is already a DVO in place that covers the children
- Consider making an application for a DVO on behalf of the children, and
- Contact Territory Families so that they can investigate.
Who can apply for a DVO?
An application for a DVO can made against a person aged 14 years or older (s14(3) Domestic and Family Violence Act 2007 (NT)). An application may have a number of protected persons, but there can only be one applicant and respondent in an application for a DVO. There must also not be more one protected person named on an application for a court DVO unless each protected person listed is a child of the protected person, is a person who usually resides with the protected person, or is a person under the care of a protected person (s52(5) Domestic and Family Violence Act 2007 (NT)). Any of the following people can apply to the court for a domestic violence order:- An adult or young person (14 -17 years) who is in a domestic relationship with the respondent (s52(1)(a) Domestic and Family Violence Act 2007 (NT)).
- An adult acting on behalf of another adult or child who is in a domestic relationship with the respondent (s52(1)(b) Domestic and Family Violence Act 2007 (NT)).
- A police officer (s52(1)(d) Domestic and Family Violence Act 2007 (NT)), and
- A child protection officer (s52(1)(c) Domestic and Family Violence Act 2007 (NT)).
- The person is or has been in a family relationship with the other person, including a spouse or de facto partner, or spouse or de facto partner of the person's former spouse or defacto partner, or a relative such as a child, stepchild, cousin, grandparent or in-law, or if the person is a relative of the other person according to Aboriginal tradition or contemporary social practice
- The person has had custody, guardianship or right of access to the other person
- A person is or has been subject to the custody, guardianship or right of access by the other person
- The person usually or regularly lives with, or has lived with the other person. This includes housemates and former housemates
- The person ordinarily lives with, or has lived with, someone else who is or was in a family relationship with the other person
- The person is or has been in an intimate personal relationship with the other person. This includes people who have been dating or engaged to each other, or who have engaged in a sexual act or contact, but also does not require a sexual relationship
- The person is in an intimate personal relationship with a person with whom the other person was in an intimate personal relationship, such as a person's current partner's ex partner
- The person was in an intimate personal relationship with a person with whom the other person is in an intimate personal relationship, such as a person's ex partner's current partner
- The person is in a family relationship with a person with whom the other person is in an intimate personal relationship, such as a person's sibling's current partner
- The person is in an intimate personal relationship with a person with whom the other person is in a family relationship, such as a person's current partner's sibling
- The person is or has been in a family relationship with a child of the other person, such as a person's current or former parents-in-law, or
- The person is or has been in a paid or unpaid carer's relationship with the other person, whether they have lived together or not.
Young persons applying for a DVO
If a person who is 14 to 17 years old wishes to apply for a court DVO, they are not able to do so without leave of court (s52(3) Domestic and Family Violence Act 2007 (NT)). The court must not grant leave unless satisfied that:- the young person understands the nature, purpose and legal effect of the application, and the legal effect of the making of a court DVO; and
- the young person has the capacity to make the application (s52(4) Domestic and Family Violence Act 2007 (NT)).
When will the court make a DVO?
On the hearing of an application for a DVO or confirmation of a DVO, the Court must be satisfied that:- There is a domestic relationship between the protected person and the respondent; and
- There are reasonable grounds for the protected person to fear the commission of domestic violence.
- any family law orders in force in relation to the respondent, or any pending applications for family law orders in relation to the respondent;
- all other DVOs in force (if any) and any recognised DVO inwhich the respondent is named as the respondent;
- any DVO no longer in force in which the respondent was named as the respondent;
- any legal proceedings involving the protected person or respondent that are relevant to the DVO;
- any order under the Care and Protection of Children Act 2007 or application for an order under that Act in which the protected person or respondent is involved;
- any police report provided to the court that provides a history of DVOs involving the protected person;
- any bail conditions the respondent may have;
- the accommodation needs of the protected person and each child (if any) of the protected person or who usually resides with the protected person;
- the respondent's criminal record (if any);
- the respondent's previous conduct whether in relation to the protected person or someone else; and
- other matters the authority considers relevant
Types of Domestic Violence Orders
There are four ways a DVO can be put in place in the NT:- Police Domestic Violence Orders (s28 Domestic and Family Violence Act (2007)),
- Local Court DVOs - Court application for DVO (s51 Domestic and Family Violence Act (2007)),
- Criminal Court DVO (s83 Domestic and Family Violence Act (2007)),
- External jurisdiction orders registered in the NT (s93 Domestic and Family Violence Act (2007)),
Urgent Police Domestic Violence Orders
The law gives Police the power to make a DVO on the spot where it is necessary to ensure a person's safety because of urgent circumstances or because it is not otherwise practicable in the circumstances to obtain a Local Court DVO, and a Local Court DVO might reasonably have been made had it been practicable to apply for one (s28 Domestic and Family Violence Act 2007 (NT)). A police s 28 DVO is in place on a temporary basis until made final (with or without variations) or revoked by the Court. Police have the power to:- Make a DVO even if the respondent has not had the opportunity to answer any allegations (s28(2) Domestic and Family Violence Act 2007 (NT)); and
- Make a DVO even if either the protected person and/or the respondent say they do not want a DVO.
Options when a Police DVO comes before the court
When a Police DVO first comes before the court, possible outcomes are:- Confirmation of DVO: In the absence of the respondent and there being no appearance or no objection by the protected person, the court may confirm the DVO, with or without variations. In a small number of cases, the Police may ask for the DVO to be revoked, or a judge may refuse to confirm the DVO due to a lack of evidence.
- Consent without admissions: The respondent may attend court and consent without admissions to the DVO being confirmed, either in the terms of the Police s 28 DVO or as negotiated on the day.
- Adjournment to a future date: The respondent and/or the protected person may attend and seek an adjournment for legal advice or negotiations. In some cases a longer adjournment may be sought, for example, to allow the respondent to engage in rehabilitation, a family violence program or to obtain mental health treatment.
- Variation of Police s 28 DVO during adjournment: The DVO will stay in place during any adjournment. If all the parties and the court are in agreement, a variation may be made to the terms of the DVO for the adjournment period.
- Offer of undertaking: The respondent offers an undertaking, but this cannot be accepted if the police or protected person objects or the court is not satisfied to revoke the DVO despite the parties being in agreement (see What is an undertaking?)
- List for contest hearing: The respondent and/or the protected person object to the confirmation of the order and contest the matter, in which case the court will list the matter for a contested hearing (see Contested hearing).
Changing a Police s 28 DVO before the next court date
If a party objects to a Police s 28 DVO being in place, or needs to change or revoke it before the next court date, an application can be made to have it varied or revoked. A party may wish to make such an application where there has been no agreement to vary in court, or where a party is unable to wait to the next scheduled court date to ask for a variation. Where a party wants to change a Police DVO that has not been finalised, there are three (3) main options:- Application to relist
- Urgent variation of a Police DVO by a police officer, and
- Review via a police officer.
Application to relist
If the parties live in or near Darwin, Alice Springs, Katherine or Tennant Creek, the respondent or protected person can attend the Local Court registry and complete an 'Application to Relist' form, attaching an affidavit and relevant evidence in support of the application, such as why the matter cannot wait until the next listed court date. The person seeking the application to relist will be responsible for informing the other parties about the new court date if it is approved. Where the DVO is full non-contact, a respondent will not be able to inform the protected person themselves. It will therefore be necessary for registry, police or lawyers for police to inform the protected person of the new court date.Urgent Variation of a Police DVO by a Police Officer
A police officer may apply to the court for an order varying a Police s 28 DVO (or Court DVO other than an interim DVO) if, because of urgent circumstances, the terms of the DVO should be varied before the hearing for the Police DVO (s 82S(1)(b) Domestic and Family Violence Act 2007 (NT)). The police officer must not make the application unless they are satisfied there has been a substantial change in circumstances related to the commission of domestic violence since the DVO was made, such as a change in care arrangements or that the respondent has satisfactorily completed a rehabilitation program (s 82S(2) and (3) Domestic and Family Violence Act 2007 (NT)). The court considers the same matters that it would in making a DVO, and the terms of a DVO. The court may only vary the DVO, or refuse to vary the DVO if this application is made. The court may determine the application even if the respondent or another person with an interest in the outcome has not had an opportunity to be heard (s 82U(3) Domestic and Family Violence Act 2007 (NT)). The court has the power to refuse the application, confirm the DVO, or vary the DVO. There is no requirement for the police officer to inform the parties if the court refuses to make an order to vary the DVO. The police officer must inform the parties of the judge's decision to vary the DVO. A copy of the varied order given to the respondent is taken to be a summons to show cause why the DVO should not be confirmed. If the police officer is not satisfied that there has been a substantial change in circumstances and does not make an application for a variation, the respondent or protected persons will need to wait for the next listed court date or make an application to relist (see above).Review via a Police Officer
This review differs from the urgent police variation (above), as the police officer will facilitate a review, rather than make their own application to a judge for a variation by a party. An application for a review via a police officer can occur at any time prior to the DVO being confirmed by the court. If a party requests a review by a police officer there is a duty on the police officer to facilitate the application (s 36 Domestic and Family Violence Act 2007 (NT)). In this form of review, there is also no formal requirement of substantial change for an application to be made. In practice however, a party making the application will need to provide the court with good reasons why the DVO should be changed before the next listed court date and why the current orders are not appropriate. Once a party tells the police officer they want to apply for a review, the police officer must contact a judge and ensure that the judge is given the information required for the application. The judge has the power to confirm the Police s 28 DVO, with or without variations, or revoke the DVO (s 36 Domestic and Family Violence Act 2007 (NT)). If the judge revokes the DVO, the police officer must inform the parties of the order revoking the DVO and the reasons for that decision. If the judge confirms the DVO with or without variations, the police officer must give details of the varied order to the parties and to the court. If the police DVO is confirmed (with or without variation) the parties will be informed of the date on which the respondent is summonsed to show cause why the order as varied should not be confirmed.Court application for DVO (Local Court DVO)
An application for a section 51 DVO is made by a member of the public for the protection of themselves and/or another person or child who is in a domestic relationship with the respondent. The court does not charge any fees in relation to a private DVO application. A police officer or a child protection officer must make an application for a child if the officer reasonably believes domestic violence has been committed or is likely to be committed and the child's wellbeing has or is likely to be adversely affected by the violence (see DVOs and children) Individual legal advice should be sought before making an application for a DVO. Advice can be given on whether making a DVO application is the most effective and safest option in circumstances, on alternatives to making a court application (for example, sending a formal warning letter to the respondent or taking practical measures to deal with the domestic violence), on the appropriate terms of the DVO sought and issues in relation to the effect of a DVO on any living and child contact arrangements of the parties. Unlike a Police s 28 DVO which is in place immediately upon the respondent being given a copy of the Police DVO, either orally or in writing (see Urgent Police Domestic Violence Orders), a Court DVO application matter must go before the court before any DVO is made. If the court makes a DVO, it is only enforceable against the respondent if they are present at court when the DVO is made, or a later time when the DVO is given to them by an officer of the court or police officer, or served on them in another way provided by the law (s 119 Domestic and Family Violence Act 2007 (NT)). Therefore, it is not as simple as putting in the paperwork and receiving a DVO. Before filing a DVO application, the applicant or their lawyer should be aware that the DVO application in some cases may require a number of court attendances. For example, if the respondent has not been served, if the respondent wishes to adjourn to seek legal advice, or if the matter is listed for a contested hearing. Failure to appear at a mention or hearing may lead to the DVO application being dismissed and any interim orders being revoked (cancelled). An application for a DVO still involves commencing court proceedings like any other civil matter, even if it is simplified, therefore the applicant should be aware of their obligation to prosecute (continue with) their matterSafety considerations before an application is filed and whether there is a need for urgent order
Applicants must be aware of the following points before filing an application:- There is no DVO in place until the matter goes before the court and the judge or registrar makes an order for a DVO to be made
- A Local Court DVO is not enforceable against the respondent unless they were present in court when it was made or once it has been served on them
- Unless the matter is urgent, the court requires applicants to allow sufficient time for service before first mention of the application (usually a minimum of three working days), and
- A court officer or a police officer will endeavour to personally serve the respondent (at their home, workplace or other known location) with a copy of the application before the first court date.
Preparing an application for a DVO
Respondent's details
The court will not accept an application for a DVO if there are no address or contact details for the respondent. If the applicant does not know the respondent's home address, a work address may be used or the address of a location the respondent regularly attends. If the respondent's address is known to police, the court may make an order requesting that police serve the application. The 'service information form' must be completed with as much detail as possible on the respondent's appearance, places where they may be located, and a description of any vehicles used by the respondent to help the court officer or police locate, identify and serve the respondent. A photograph of the respondent may be attached to the form or a map be attached where an address, for example in a rural area, may be hard to locate. This form will also require information about the applicant, however this form is not provided to the respondent and is kept on file by the court. An application may be made against a respondent who is interstate. To give such an application to the respondent, the court registry will make arrangements with the relevant interstate police for service of the application. You should seek legal advice if you are considering making an application for a DVO against a person interstate.Deciding on who should be the protected persons and the type of DVO sought
In preparing a DVO application, careful consideration should be given to who should be listed as a protected person on the DVO and what orders should be sought. This is particuarly the case if an applicant is considering naming a child of the respondent as a protected person on the DVO. The applicant for a DVO is not necessarily a protected person. If the applicant needs the protection of the DVO they need to put their name in the section 'Details of persons to be protected' on the DVO application form. The applicant should provide evidence as to why each order is needed and why it is needed in respect of each protected person, for example:- An order restraining the respondent from damaging or threatening to damage property needs to be supported by a history of such behaviour by the respondent
- An order restraining the respondent from consuming drugs or alcohol will require evidence that the respondent has committed domestic violence as a result of the consumption of illicit drugs or alcohol,
- An order requiring the respondent to delete any intimate images will require evidence that the respondent has such images in their possession; and
- An order restraining the respondent from exposing children to domestic violence will require evidence that the children have been or are likely to be exposed to domestic violence.
Preparing the affidavit in support of a DVO application
At first mention of an application for a DVO, the court prefers the evidence in support set out in an affidavit as this saves time in court. Providing evidence in affidavit form also protects the applicant from the stress and difficulty of giving oral evidence in the court room. However, in some instances, the judge may ask or permit the applicant or protected person to give evidence from the witness box. Under Local Court Practice Direction 5A(6), an application for a domestic violence order shall be accompanied by an initial affidavit. An applicant to a DVO should not expect the court to rely upon any material that is not in an affidavit filed with the court. The affidavit should provide a concise factual summary of the domestic violence that has occurred and the reasons why a DVO is needed. The court requires particulars (specifics) of the domestic violence that has occurred, not vague general statements, to be satisfied that a DVO is required. The information below is a general guide only and is not intended to be prescriptive, nor to limit the information an applicant may seek to include.- Do not include the applicant's address if this could put the applicant at risk
- Provide details of the domestic relationship, when it began, and date of separation or current status (eg separated under one roof)
- Provide details of any children of the relationship (including names and dates of birth) and the recent and/or current living and handover arrangements
- Provide details of any Parenting or Family Law Orders, or current or pending Family Law proceedings. This information is required under s 90 of the Domestic and Family Violence Act 2007 (NT)
- Give a brief overview of past and current domestic violence, keeping in mind the definitions of concepts relating to domestic violence found at ss 5-8 of the of the Domestic and Family Violence Act 2007 (NT)
- Date (or best recollection of date) and details of the most serious past domestic violence incident/s
- Date and details of the most recent domestic violence incidents, including reference to whether children were present
- Annex printouts of text messages, facebook posts, emails etc that are evidence of domestic violence (but you are limited to 10 pages of additional material to your affidavit)
- State if an incident was reported to police, and where available attach a copy of any police statements or provide a PROMIS number
- Detail any injuries, and where available attach a copy of available medical records
- Give relevant information on the respondent's previous conduct in relation to others, however it is best to only provide information that can be independently verified
- If seeking a tenancy termination or tenancy replacement agreement, address the factors noted in DVOs and living arrangements
- Describe any harm that has or may occur as a result of the domestic violence, for example, mental harm, and
- Detail any need for future protection.
Criminal Court DVO
The Local Court (Criminal Division) has its own power to make a DVO where the respondent is found to have committed a domestic violence or related criminal offence, and where the court is satisfied a Local Court DVO could be made against the person (s 83 Domestic and Family Violence Act 2007 (NT)). The court may make a DVO, or vary an existing DVO, by changing its terms or by making it run for a longer or shorter period, or confirm an existing police s 28 DVO. The court can make or vary a DVO even if the respondent objects, without the need for the matter to go to a contested hearing. This is a wide power A criminal court DVO can be made or varied on the court's own initiative or on application by a prosecutor. The protected person does not have a direct role in asking the court to make a DVO in this situation. Where a victim would like a DVO made, varied or extended at the conclusion of a criminal proceeding, they or their representative may liaise with the prosecutor and inform them of their wishes, confirm this writing to the court, and/or include their wishes in either their initial Victim Impact Statement or in an updated Victim Impact Statement.External jurisdiction orders registered in the NT
A restraining order similar to a DVO that has been made interstate can be registered in the NT. A protected person on the interstate order, an adult acting on behalf of protected person on the interstate order or a police officer acting on behalf of a protected person can apply to register an interstate order in the NT (s 93 Domestic and Family Violence Act 2007 (NT)). Once an order is registered it has the same effect as an order made in the NT. The purpose of this section is to assist in the enforcement of the interstate DVO in the NT. The applicant should take the interstate order and evidence that the order has been given to the respondent (such as the declaration of service) to any Local Court and file it at the court registry. An applicant who does not have proof of service may usually obtain it by contacting the interstate court that made the order. Once an applicant has the necessary documents from interstate, registration is usually a quick and easy process that does not need to go before a judge. The court has the power to modify the DVO in such a way that is considered necessary and desirable for its operation in the NT (such as changing the wording of various conditions to be consistent with NT DVOs). The respondent will not be told that the order has been registered in the NT unless the protected person/applicant gives consent for this to occur (s 95 Domestic and Family Violence Act 2007 (NT)). The registered order however is given to the registrar of the court that made the original DVO. The DVO is in place for the time period the original order was An order that has not been formally registered in the NT may still be enforceable under certain conditions (ss 103K-103N Domestic and Family Violence Act 2007 (NT)), meaning that a non-local DVO made in Australia can be enforced as if it was a DVO made in the NT. Once an external order has been registered in the NT, the protected person, a police officer or adult acting on behalf of a protected person or the respondent may apply to the court to vary or revoke an interstate order (s 98 Domestic and Violence Act 2007 (NT)). In addition, a party to a non-local DVO can apply to have that order varied or revoked, and the Local Court treats that application as if an application to vary or revoke an NT DVO was made. See section ' Application to vary/revoke a Court DVO'.Urgent and interim Court DVOs
If there is a need for protection prior to a final hearing, an applicant for a DVO can ask the court to make an interim order prior to a final determination. This is known as an interim order. An interim order has the same consequences for breaches as a final order.
Ex parte DVOs
In urgent circumstances, the court may make an urgent interim DVO in the respondent's absence and without the respondent being served, s 64 of the Domestic and Family Violence Act 2007 (NT). This is known as making the order ex parte, without notice to the respondent. The court also has the power to proceed ex parte in an application to vary or extend an existing finalised Court DVO (s 74 and 82P of the Domestic and Family Violence Act 2007 (NT)). An application may be filed and go before a judge on the same day, however sufficient evidence will be required to satisfy the court of the necessity of taking this extraordinary step. In addition, any necessary arrangements for the safety of protected persons must be considered in the event of an ex parte DVO not being granted, or to ensure their safety until such time as the respondent is served with the DVO. The court needs to balance the urgency and seriousness of the matter against the hardship and prejudice to the respondent, particularly if the DVO application seeks that the respondent is removed from the family home. It will be important to outline the urgency in the affidavit filed with the application, including when the most recent domestic violence occured. When a DVO application comes before the court in the usual way, but the respondent has not been served, the court may proceed ex parte if satisfied that the particular circumstances are sufficiently urgent and serious to warrant an ex parte DVO. Where a DVO is made ex parte, it is an interim order in force until further order of the court, or for a specific time period. The respondent will be served with a copy of the interim ex parte DVO, a copy of the application for a DVO and any additional material provided to the court when the ex parte DVO was made, such as the affidavit filed in support of the application. If the respondent appears, they may seek an adjournment for legal advice or negotiations, consent without admissions to the DVO being confirmed or oppose the confirmation of the DVO and have the matter listed for a contested hearing (See What happens when the application is next in court and Contested hearing).Interim DVOs
In circumstances where the respondent has been served or is at court, an interim DVO may be made by the court at any time between an application being made and the conclusion of a contested hearing. The interim DVO can be made even if the respondent objects to the order being made, and before any evidence has been heard from the respondent (s 64 of the Domestic and Family Violence Act 2007 (NT)). In an application to vary an existing DVO or to extend an existing finalised DVO, there is a similar power to make an interim variation or extendtion to a DVO (s 74 and 82P of the Domestic and Family Violence Act 2007 (NT)). The court will not grant an interim order unless it is satisfied that an interim order is really required, for example, to restrain imminent threatened domestic violence.What happens when the application is in court?
Where respondent has not been served:
If the court does not have a proof of service of the application on the respondent, the application will be adjourned to another date and the court will order a fresh summons to issue on the respondent. This allows more time for the bailiff or the police to give the documents to the respondent.Where respondent is served and does not attend court:
Subject to being satisfied that there are reasonable grounds for a DVO to be made, the judge may make a final DVO in the terms of the application. The court may consider the length of the DVO too long or too short depending on the circumstances, however will unlikely make a longer order than what is sought in the application without the respondent being put on notice. The final DVO will not be enforceable against the respondent until it is served by the court, police or in another way ordered by the court (ss 119-120 of the Domestic and Family Violence Act 2007 (NT)).Where respondent attends court:
Consent without admissions: If the respondent agrees to the making of the DVO, the court can make an order by consent (s 65 of the Domestic and Family Violence Act 2007 (NT)). The respondent can consent to the order without admitting to any of the allegations contained in the application. This does not change the effect of the DVO. An order made when the respondent is present in court is in force immediately (s 119(a) of the Domestic and Family Violence Act 2007 (NT)). When a consent order is made, the judge or registrar is to explain the effect of the order to the respondent and protected person (s89 of the Domestic and Family Violence Act 2007 (NT) Adjournment to a future date: The respondent may attend and seek an adjournment for legal advice or negotiations. In some cases a longer adjournment may be sought, for example, to allow the respondent to engage in rehabilitation, a family violence program or to obtain mental health treatment. Offer of undertaking: The respondent may offer an undertaking and if the applicant/protected persons are happy for the matter to resolve by way of undertaking, they will then seek leave for their application for a DVO to be withdrawn. Note that an undertaking will not be accepted by the court if a protected person objects or the court if not sufficiently satisfied that it would be appropriate to revoke a DVO or to grant leave for the application for a DVO to be withdrawn (See What is an undertaking?). List for contested hearing: If the respondent or a protected person objects to the DVO being made or confirmed, the court will list the matter for a contest hearing (see Contested hearing). If a matter goes to hearing, a judge will determine whether or not a DVO is made, its terms and its duration. As such, rather than risk an adverse or unwanted outcome and expend further time and resources in proceeding to a contested hearing, parties may prefer to negotiate an outcome. Options for a negotiated outcome include:- A DVO with less restrictive terms
- A DVO that is place for a shorter period of time
- A long interim order (eg 3 or 6 months), with the applicant to withdraw the DVO application and seek revocation of the interim DVO if there are no breaches of the interim DVO
- An undertaking from the respondent, or
- The applicant withdrawing their application for a DVO.
What is an undertaking?
An undertaking is usually made in the form of written document signed by the respondent in the same conditions as the DVO, or other conditions as agreed between the parties. An undertaking is also referred to as a "promise to the court". In any proceeding for a DVO a party may propose that the matter resolve by way of an undertaking, rather than by the making, confirmation or continuation of a DVO. An undertaking can be made by the respondent on a "without admissions" basis. While all the parties to a DVO proceeding may agree to an undertaking, as the undertaking is made to the court, the court has the final say on whether or not to accept the undertaking. Breach of an undertaking may constitute contempt of court, which is punishable by jail and/or fine. Prosecution for contempt of court is rare but can be serious. More usually, if the respondent breaches the DVO by committing new acts of domestic violence against the protected person, it is likely a new application for a DVO will be made against them. It may be difficult to defend such an application where there has been domestic violence committed in breach of an undertaking to the court. Any breach of undertaking that constitutes a criminal offence can be dealt with by police in the normal way, that is through investigation, arrest and criminal charges.Contested hearing
If the respondent or, in a Police s 28 order, the protected person, opposes the application or confirmation of a DVO, the court will usually list the matter for a contested hearing at a later date. The court may set dates for the filing and service of any further evidence on which the parties wish to rely. The usual course of action is for all evidence to be provided by way of affidavit or statutory declaration, in other words in writing, unless the court provides leave to give evidence in another method. Parties may seek to introduce additional evidence to that in the initial application. This may include a further affidavit of the applicant or protected persons, or evidence by witnesses. The court will rarely allow new evidence to be admitted on the hearing day, because this would be unfair to the other side. Therefore, any evidence on which a party seeks to rely on should be filed in accordance with the court's directions on listing for hearing, or a minimum of 7 days before the hearing date if no directions were made for filing and service. The applicant must give evidence to the court in support of their application for a DVO. The applicant should bring to court any relevant witnesses to the hearing. The respondent, if they do not have a lawyer, is unable to cross-examine any adult protected person or vulnerable witness unless the court grants leave to do so (see Protection for protected persons and vulnerable witnesses at hearing). If information in a letter, report, statutory declaration or affidavit is challenged or denied by the respondent, the person who wrote the document must be available at the hearing for cross-examination by the respondent. The respondent is not required to give evidence, but may do so if they wish. The respondent's evidence could include witness statements, or police and medical reports that contradict the applicant's evidence. The applicant or their lawyer may cross examine witnesses called by the respondent and if the respondent gives evidence they will also be subject to cross-examination. The court must consider the safety and protection of the protected person and each child (if any) of the protected person or who usually resides with the protected person to be of paramount consideration (s 19(1) of the Domestic and Family Violence Act 2007 (NT)). The court may also consider the following matters as they are relevant to a matter:- any family law orders in force in relation to the respondent, or any pending applications for family law orders in relation to the respondent;
- all other DVOs in force (if any) and any recognised DVO inwhich the respondent is named as the respondent;
- any DVO no longer in force in which the respondent was named as the respondent;
- any legal proceedings involving the protected person or respondent that are relevant to the DVO;
- any order under the Care and Protection of Children Act 2007 or application for an order under that Act in which the protected person or respondent is involved;
- any police report provided to the court that provides a history of DVOs involving the protected person;
- any bail conditions the respondent may have;
- the accommodation needs of the protected person and each child (if any) of the protected person or who usually resides with the protected person;
- the respondent's criminal record (if any);
- the respondent's previous conduct whether in relation to the protected person or someone else; and
- other matters the authority considers relevant.
Protection for protected persons and vulnerable witnesses at hearing
The law recognises that a vulnerable person may suffer if required to give evidence about sensitive matters in an open court in the presence of the respondent and that a protected person may be fearful, intimidated or suffer harm if subjected to direct cross-examination by the respondent. A protected person named in an application for a DVO as well as a protected person named on a DVO, are classed as vulnerable witnesses (ss 13, 104 Domestic and Family Violence Act 2007 (NT)). The Domestic and Family Violence Act 2007 (NT) provides a range of court procedures to support vulnerable witnesses in giving evidence, including the use of audio visual link, support of an appropriate person and partition screens (ss 106, 110-112 Domestic and Family Violence Act 2007 (NT)). The court must be closed when a vulnerable witness gives evidence (s 106 Domestic and Family Violence Act 2007 (NT)), subject to an interests of justice exception (s 106(2) Domestic and Family Violence Act 2007 (NT)). In making such an exception the court must have regard to any harm that could be caused, or whether the witness would be able to give evidence effectively (s 112 Domestic and Family Violence Act 2007 (NT)). There are additional rules in the Domestic and Family Violence Act 2007 (NT) that deal with the evidence of children. Under the Domestic and Family Violence Act 2007 (NT), the evidence of a child must be given by a written or recorded statement. A child is not required to attend the hearing of the matter and cannot be cross-examined on their evidence (ss 108, 109 Domestic and Family Violence Act 2007 (NT)).Direct cross-examination by respondent
If a respondent is unrepresented at a final hearing, and they wish to cross examine a vulnerable witness (including a protected person), they are unable to do so directly without leave of the court (s 114 Domestic and Family Violence Act 2007 (NT)). Where a respondent is unrepresented, the Court may make an order that the respondent's questions be put through a person appointed by the Court (s 114(3) Domestic and Family Violence Act 2007 (NT)). The appointed person must put any questions to the vulnerable witness that are provided by the respondent (and can use alternative wording) unless the question is considered improper (s 114A Domestic and Family Violence Act 2007 (NT). Whether represented or not, the respondent is not allowed to ask questions that are irrelevant to the issues before the court, offensive or intended to intimidate the applicant or their witnesses.Application to vary, revoke or extend a Court DVO
Varying or revoking a DVO
While a Court DVO is in force, either party may apply to have it varied or revoked . A person may wish to vary or revoke a DVO for a number of reasons, such as:- The relationship between the protected person/s and the respondent has improved and they now wish to have contact with each other. This could include revoking the DVO or varying the DVO to permit contact, but restraining the respondent from assaulting or threatening the applicant
- The original DVO permitted contact and the applicant now wishes to prevent the respondent from contacting them because they have breached its conditions and continue to threaten, assault or harass the applicant. That is, the terms of the DVO do not provide sufficient protection.
- A person protected by the order if they are over 14;
- A police officer or other adult acting for a protected person
- The respondent, or
- Another person granted the leave of the court.
Extending a DVO
A Court DVO can also be extended if necessary, and the Court may extend the DVO on application or on its own initiative (s 82H Domestic and Family Violence Act 2007 (NT)). If a person seeks to extend a DVO they must file the approved form at Court along with an affidavit from the person applying to vary or revoke the order (s82K Domestic and Family Violence Act 2007 (NT)). The same restrictions on the length of the affidavit and number of annexure pages remains the same as an application for a DVO, 10 pages for an affidavit and 10 pages for annexures. An application to extend a DVO can be made at any time before the DVO expires, or alternatively can be made within 6 months of the DVO expiring (s82J Domestic and Family Violence Act 2007 (NT)). However, an application should be made no less than a month prior to the DVO expiring to ensure that the respondent and all relevant parties can be served, with a first listing date prior to the DVO expiring. After an application is made, the court must notify all parties to the DVO, including the applicant, protected person, respondent and the police if the original DVO was one applied for by the police (s82L Domestic and Family Violence Act 2007 (NT)). The court considers the same matters to decide whether to vary or revoke a domestic violence matter as it would if it were deciding whether or not to make a DVO. . The court considers the same matters to decide whether to extend a DVO as it would if it were deciding whether or not to make a DVO. In addition, the court must be satisfied that there are reasonable grounds for the protected person to fear the respondent committing domestic violence when the DVO expires, or if the court DVO expired in the last 6 months, while the DVO is expired (s82N Domestic and Family Violence Act 2007 (NT)). The court also must not consider that the respondent not committing domestic violence, and complying with the DVO over the course of the order, as showing the protected person does not have reasonable grounds to fear the commission of domestic violence (s82N(3) Domestic and Family Violence Act 2007). This means that the court cannot reject an application to extend a DVO solely because there has been no violence, but will consider all relevant factors. The court is able to make an interim variation of the DVO prior to a final hearing on the matter even if the respondent does not appear at court, or if the respondent objects (s 82P Domestic and Family Violence Act 2007 (NT))..Immigration and domestic violence
Under the Migration Act, certain people applying for permanent residence in Australia can continue with their application for a permanent visa, even if their relationship with their partner (sponsor) has broken down, if they or a member of their family unit have experienced family violence by their partner. Family violence is defined as: 'conduct, whether actual or threatened, towards:- the alleged victim
- a member of the family unit of the alleged victim
- a member of the family unit of the alleged perpetrator
- the property of the alleged victim
- the property of a member of the family unit of the alleged victim
- the property of a member of the family unit of the alleged perpetrator
Partner visas
These domestic violence provisions apply to permanent visa applicants only and include primary applicants for:- Partner/Spouse (permanent) (subclass 100) visa
- Interdependency (permanent) (subclass 110)*
- Partner/Spouse (temporary and permanent) (subclasses 820/801) visas
- Interdependency (temporary and permanent) (subclasses 826/814)*.
Skilled stream (business)
Partners of primary applicants for:- Established Business in Australia (subclass 845)*
- State/Territory Sponsored Regional Established Business in Australia (subclass 846)*
- Labour Agreement (subclass 855)*
- Employer Nomination Scheme (subclass 856)*
- Regional Sponsored Migration Scheme (subclass 857)*
- Distinguished Talent (subclass 858).
- the married or de facto relationship broke down after the application for the business or skilled visa had been lodged and
- they provide acceptable evidence that they or their dependants have been the victim of family violence committed by the primary applicant.
Temporary visa holders
If the victim of family violence is the holder of a temporary visa (see Visitor Visas) as a dependent of their partner, the primary visa holder, then she/he will not be able to use the family violence provisions. It is recommended you seek advice from an Immigration lawyer and/or Accredited Specialist.Forms of acceptable evidence
Evidence of relationship breakdown due to family violence, for the purposes of the Migration Act, can be judicial (that is, produced by a court) or non-judicial.Acceptable judicially determined evidence
Any one of the following is acceptable judicially determined evidence:- certain court injunctions under the Family Law Act 1975
- certain court orders against the partner made under an Australian state or territory law (such as a domestic violence order)
- evidence that the partner has been convicted (or has recorded a finding of guilt) of an act of violence against the visa applicant or their dependants.
Acceptable non-judicially determined evidence
New requirements for non-judicially determined evidence became effective from 24 November 2012. For people who make their first family violence claim on or after 24 November 2012, the minimum evidence required from an applicant who is making their first written claim of family violence is the following:- a statutory declaration using Form 1410 Statutory declaration for family violence claim or a generic statutory declaration completed by the alleged family violence victim, which sets out the allegation of family violence and names the person alleged to have committed it. If you use a generic statutory declaration, ensure the following is provided
- details of the allegation of the relevant family violence
- name of the person who allegedly committed the relevant family violence
- if the relevant family violence was not committed towards the applicant the statutory declaration must also
- provide the name of the alleged victim
- identify the relationship between the maker of the statutory declaration and the alleged victim
- the effect the alleged family violence has had on visa applicant.
- at least two documents from the list of evidence specified in legislative Instrument IMMI12/116, available here: https://www.legislation.gov.au/Details/F2012L02237 . This provides a list of the acceptable forms of evidence that can be provided in support of a non-judicial family violence claim.
- details of the allegation of the relevant family violence
- the name of the person who allegedly committed the relevant family violence
- the name of the alleged victim
- evidence or reasons that have informed this opinion or assessment
- details about their professional relationship with the alleged victim or their family members and information about any services or support they have offered in relation to the alleged family violence.
Referral for independent assessment
If the Department have reasonable doubts regarding the strength of a non-judicially determined claim of family violence, they may refer the evidence supporting the claim to an independent expert for assessment. The independent expert will provide an opinion to the Department either that family violence has or has not occurred. This process may require an interview with an independent expert. An independent expert's opinion must be accepted by the Department. In recent years, the majority of claims have been referred to an independent expert, regardless of the strength of the claim. For more information, see https://www.border.gov.au/about/corporate/information/fact-sheets/38domesticOther legal options
Injunctions under the Family Law Act
Under the Family Law Act, an injunction is available to a person who is married, in a de facto relationship with children or who has children to another person but does not live with them. An injunction for personal protection can order the offender to stay away from the applicant and the children (s 68B Family Law Act 1975 (Cth)). The court can also make orders that give one party sole occupancy of the family home (s 114 Family Law Act 1975 (Cth)). The NT Supreme Court, or the Federal Circut and Family Court of Australia can make injunctions (see Parenting after separation). This option's primary advantage is that sole occupancy orders can, as part of a property settlement, be made for a period of many years. Family law injunctions can be made for an unspecified period, so they may be a more long-term solution. A person can obtain both family law orders and a DVO.Personal violence restraining orders
Personal violence restraining orders are designed to ensure the safety and protection of persons who experience personal violence outside a domestic relationship as defined in the DFVA. The Local Court reforms replaced the orders under Part IVA of the Justices Act through the introduction of the Personal Violence Restraining Order Act (PVROA). The changes came into effect on 1 May 2016, including.- Provision for interim personal violence restraining orders [PVROA s 19]
- Definition of 'personal violence offence'' to include economic abuse, intimidation, harassment, stalking and damage to property [PVROA s 3]
- Removal of any filing fees for proceedings under the PVROA
- Court can prohibit publication of details of a protected person if it is satisfied there is a risk of harm to the protected person [PVROA s 20]
- Court can order disclosure of information about the identity or whereabouts of the respondent [PVROA s 21], and
- Automatic suspension of a firearms licence upon the making of an interim personal violence restraining order [FA s 39(1)].
Key features
An application for a PVRO may be made by a person seeking protection, an adult acting for the person seeking protection or a police officer [PVROA, s 10]. The application must be made in accordance with the rules of the Local Court [PVROA s 12] and only one (1) person aged over 15 can be named as the protected person or the respondent in a personal violence restraining order [PVROA s 11]. Personal violence offences are defined in s 3 PVROA, and include any offences of assault, indecent assault or reckless behaviour which may cause personal injury. Section 3(b) expands that definition to include:- Any conduct causing harm
- Damaging property (including animals)
- Intimidation
- Stalking
- Economic abuse, and
- Attempting or threatening to commit the conduct listed above.
- A personal violence offence has been committed, or is likely to be committed, by the respondent against the person whose protection is sought [PVROA s 15].
No filing fees applicable
As with DVO applications, Reg 8 of the Local Court Regulations provides that no fees are payable in relation to proceedings under the PVROA.Service and hearing procedure
The rules of the Local Court determine the procedure for any application hearing, and s 13 PVROA provides that the respondent must be given notice of the hearing date as soon as practicable. See Local Court - Civil Jurisdiction section in Chapter on Courts and Tribunals. The Local Court (Civil Procedure) Act can be found here: http://notes.nt.gov.au/dcm/legislat/legislat.nsf/. Refer to the DVO procedure section, Contested hearing, for general guidance.Interim Orders
Section 19 PVROA allows the court to make an interim personal violence order even if the respondent objects to the order or has not given evidence [PVROA s 19(2)]. A s 19 interim personal violence order will remain in force until revoked or at the time determined by the court making a personal violence order between the parties [PVROA s 19(3)]. Personal violence restraining orders and the Firearms Act A firearms licence, permit or certificate of registration is automatically suspended on the making of an interim personal violence restraining order [FA s 39(1)]. Under s 40 of the FA, a person's firearms licence, permit or registration is automatically revoked where a personal violence restraining order, or similar order made in another State or Territory, is made. Section 10(3)(ga) FA also provides that while a personal violence restraining order is in force against a person, they will not be granted a firearms licence, permit or registration.Crimes compensation
Victims of domestic violence suffering from physical or psychological injuries that are the result of a criminal offence or may be characterized as "domestic violence injuries" may be eligible for financial assistance under the Victims of Crime Assistance Act. A criminal offence includes assault, a breach of a DVO and sexual assault (see Injuries and damage caused by crime).Domestic violence services
There are a range of domestic violence organisations throughout the NT:Legal services
Darwin
Domestic Violence Legal ServiceTel: 8999 7977 Top End Women's Legal Service
Tel: 8982 3000 or 1800 234 441 Northern Territory Legal Aid Commission
Tel: 1800 019 343 North Australian Aboriginal Family Legal Service
Tel: 8923 8200 or 1800 041 998
Katherine
Katherine Women's Information and Legal ServiceTel: 8972 1712 or 1800 620 108 North Australian Aboriginal Family Legal Service
Tel: 8923 8200 or 1800 041 998
Alice Springs
Central Australian Women's Legal ServiceTel: 8952 4055 or 1800 684 055 Central Australian Aboriginal Family Legal Unit
Tel: 8953 6355 or 1800 088 884 NT Legal Aid Commission
Tel: 1800 019 343
Tennant Creek
Central Australian Aboriginal Family Legal UnitTel: 8962 2100 or 1800 068 830 Northern Territory Legal Aid Commission
Tel: 1800 019 343
Specialist Migration Services
Playfair Visa and Migration Services Tel: 1800 031 683Emergency accommodation
Darwin
Dawn House Women's Shelter (for women with children only)Tel: 8945 1388 Darwin Aboriginal and Islander Women's Shelter
Tel: 8928 1206 Catherine Booth House Women's Crisis Centre (for single women only)
Tel: 8981 5928 Missionaries of Charity
Tel: 8981 3428 Stanley House or Oakley House (YWCA)
Tel: 8936 0520
East Arnhem
Crisis Accommodation (Gove)Tel: 8987 1166
Katherine
Katherine Women's Crisis CentreTel: 8972 1332
Tennant Creek
Tennant Creek Women's RefugeTel: 8962 1940
Alice Springs
Alice Springs Women's ShelterTel: 8952 6075
Darwin
Lifeline (24 hours)Tel: 13 11 14
Counselling Services
Dawn House has a Domestic Violence Counselling Service. See http://www.dawnhouse.org.au/domestic-violence-counselling-service 1800 Respect lists services across the Northern Territory, including rural and remote areas: https://www.1800respect.org.au/service-support/northern-territory-domestic-family-violence-and-sexual-assault-services/ Relationships Australia also provides counselling services to those experiencing domestic violence http://www.nt.relationships.org.au/services/family-violence-prevention .Sexual assault services
Sexual assault servicesHealth centres
Community Health/Care Centres Remote Health CentresEmergency material assistance
Crisis and special help
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