When you are faced with domestic violence proceedings, the first document you will likely receive is an interim domestic violence order and most people wonder, what is a temporary domestic violence order? There are some important aspects of a temporary order that you need to be aware of when going through the domestic violence court and the best domestic violence lawyers will able to help you through this process.
What Is A Temporary Domestic Violence Order?
What is a TPO?
A temporary domestic violence, or interim order, known as a temporary protection order (TPO) is usually the first order that a court will make in domestic violence proceedings. This order remains in place until the matter is finalised either by the court making the order final, dismissing the application or the other party withdrawing the application. A TPO can be made in the presence of the defendant (the person who the order is against) and the aggreived (the person who the order protects) or it may be made ex parte, meaning without those people present. When there is an urgent application, it will often proceed without the defendant and they will then be served with the TPO at a later time.
What is in a TPO?
Like a final order, the temporary protection order will outline the requirements and restrictions that the respondent must abide by. Every TPO will have the condition that the respondent must be of good behaviour to the aggreived and not to commit domestic violence. There will then be conditions added that the applicant requests and the court thinks is necessary for the aggrieved's protection. These conditions may be that the respondent is prohibited from contacting the aggrieved, prohibiting from going within a certain number of metres of the aggreived or posting anything on social media about them.
Do I have to pay attention to a TPO?
Yes, you do. A temporary domestic violence order is a court order. If you breach or contravene a court order, you may be charged with a criminal offence and be required to appear before the court to explain why you breached the order. The court and the police take breaches of TPOs very seriously and you could be liable to several years imprisonment for a serious breach.
Can I change the conditions on a TPO?
Yes, you may be able to but you need to ask the court. If the order was heard ex parte, in your absence, then you can ask the court to hear your arguments on the next court date. If you wish to change the conditions but you have already been in court, you need to lodge an application to vary the temporary domestic violence order see this link for Queensland orders and then have the argument in court about why it should be changed. It is a good idea to attach evidence to your application to support your arguments.
Domestic violence proceedings are taken very seriously by the court and the consequences if you do not have proper representation can be disasterous. If you are looking for the best domestic violence lawyers, Clarity Family Law Solutions can assist you with our years and years experience in domestic violence court advocacy and criminal court.
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This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.
