Case Study: Domestic Violence Application to Vary

Summary of Facts: there was a domestic violence order in place with the mandatory condition only, there was a disagreement between the parties in a public location, the aggrieved sought an application to vary to add extra conditions to the domestic violence order

The aggrieved had a domestic violence order in place which stated that he respondent be of good behaviour and not commit domestic violence. There was a disagreement between them in relation to the time that the father was to spend with the children.

The Respondent admitted under cross-examination to committing domestic violence in the past and using physical aggression as an outlet for frustration. The Aggrieved conceded that the incident that occurred was a result of her withholding the children when there was a long-standing arrangement that the Respondent would have spent that time with the children.

The Magistrate determined that while there may have been an act of domestic violence, there was no evidence to support that there was a possibility of future domestic violence nor that it was necessary or desirable for the Order to have added conditions.

Take note: when you are seeking, or contesting, an application to vary, the court will be concerned with whether the conditions sought are necessary to protect the aggrieved or whether the current conditions on the protection order are sufficient enough to protect the aggrieved from domestic violence.

This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.

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