When an application for a domestic violence order is made, the respondent to the application has three (3) options:
If the respondent advises the Court that the making of the order is accepted, the Magistrate is able to make the order in the terms discussed.
An order can be made by consent whether or not the respondent admits to any or all of the allegations of domestic violence. It might be that the respondent does not accept what the applicant says occurred, but does not mind if such an order is in place. There are however certain implications if a domestic violence order is made that should be considered prior to consenting to the order. If you would like advice on this before deciding whether or not you would like to consent to a domestic violence order, call us on 07 3229 4459 to speak to an experienced solicitor.
If the respondent is of the view that one of the three requirements that a Magistrate needs to consider has not been met, the application can be opposed.
If a respondent decides to oppose an application for a domestic violence order, they will advise the Magistrate (usually at the first mention of the matter). The Magistrate will then list the matter for a hearing.
The Magistrate will also give a date prior to the hearing for the aggrieved to file sworn affidavit material in support of their application setting out why the requirements have been met. A date a couple of weeks later will be given to the respondent to file their affidavit material in response.
On the hearing date, both the applicant and the respondent will be cross-examined by the other side on the basis of the evidence found in their affidavit material.
If the respondent consents to the order being made, but does not agree with all of the conditions requested, the application will also need to be listed for a hearing unless an outcome can be negotiated with the police or the aggrieved.
If you would like assistance responding to an application for a domestic violence order call Aitken Whyte Lawyers Brisbane on 07 3229 4459 to speak to one of our dedicated solicitors, or follow the links below for more information on Domestic Violence.