How to Withdraw a DVO in Qld
A DVO or domestic violence order in QLD is an order put in place by a Court that sets out a number of conditions and rules that the respondent (the person who has committed domestic violence) is legally obliged to abide by. If they fail to do so, they risk committing a serious criminal offence, and having a criminal conviction.
What happens if you are either the respondent or the aggrieved (the person protected under the order), and you wish to withdraw the DVO in Qld?
While it is possible, this is very much dependent on a number of factors such as whether you are the respondent or aggrieved, and at what stage the application is. We share more information below on how to withdraw a DVO in Qld?
Types of DVOs in Qld
There are two types of DVOs: a Temporary Protection Order and a Protection Order (or Final Protection Order).
Protection Order
A protection order is a Court-issued domestic violence order (DVO) put in place to protect people from domestic and family violence. Most protection orders last for five years, but these can be shorter or longer depending on what the Court determines is required.
Temporary Protection Order
You can ask for a Temporary Protection Order if you’re in need of protection immediately, as well as a Protection Order. You or the police can apply for the temporary protection order, which can be considered early by a magistrate. A Temporary Protection Order is issued to protect the aggrieved up until the Courts decide on the application for the full Protection Order.
You Are the Respondent
If you have a Temporary Order in place against you, your only option in this instance to prevent a Protection Order from being made is to contest the application at a trial. This is often expensive and fraught with risk; if the court finds you did commit an act/acts of domestic violence against the aggrieved, you will not be successful in your attempt to withdraw the DVO.
If you dispute the allegations and wish to contest the Protection Order, you will have to go to court where they will make a decision whether a protection order is ‘necessary or desirable’ as per the Domestic and Family Violence Protection Act 2012.
Once an order is in place, never attempt to convince the aggrieved to withdraw the Order or you risk breaching the conditions of the Order and being charged with a serious offence. At Pullos Lawyers, we always advise seeking legal advice before responding or learning how to withdraw a DVO in Qld.
The Police Filed The Application For a DVO With Me as the Aggrieved
In Queensland, the police are able to file an application for a DVO against a person if they believe they have committed domestic violence against another, and if they believe a DVO is necessary to protect that person.
Sometimes the aggrieved doesn’t want to proceed with the application. It is at the discretion of the Police Prosecutor as to whether they will withdraw their DVO application, and in many instances, they don’t. However, a Police Prosecutor will often negotiate the terms of a DVO.
You Are The Aggrieved And You Filed The Application Privately
The process for withdrawing a DVO in QLD if you have made the application without police assistance will depend on the stage of the proceedings.
If a Temporary Order has been made and no Protection Order exists, then you can ask the Magistrates Court to dismiss your application and remove the temporary DVO. To do this, you must file an application to remove the Order with the Magistrates Court registry where you initially filed your application for a DVO.
If the Order is final, then the only way to remove it is to make an application to the Magistrates Court to vary the Order and reduce its duration. The Court may determine the end to be immediate.
Whichever situation is relevant to your specific circumstances, it is important to note that the Magistrates Court has authority to approve or deny any application, and the Court will always err on the side of caution when making a determination.
Still Have Questions About How to Withdraw a DVO in Qld?
If you are in a position where your physical or emotional safety is at immediate risk, please call 000 for Police and Ambulance help.
If you want to apply for a protection order, withdraw an application order, respond to an Order, or have been summoned to appear in Court, we always advise seeking legal advice first.
Pullos Lawyers can help. With over 30 years’ experience dealing with a range of sensitive and emotionally burdensome legal issues including separation, child support and domestic violence. We can walk you through every part of the process to ensure that your safety and protection are paramount and that your rights are heard. To find out where you stand, contact us.