VIC When does DVO start?

[Jess78]

HI everyone,

Could someone please explain to me if I apply for 12 month DVO,but my first hearing is adjourned for 8 months later and respondent wants to contest,(interim order in place),and contested hearing is 18 months after initial application(interim order still in place).If judge grants applicant the DVO order for 12 month DVO when does it begin?Is it after trial date or is it backdated to application date in Victoria?

Thanks in advance

 

[Gameofthrones]

Hello, currently in Victoria the final IVO (not DVO) commences from the date it is put in place (ie from date of contested hearing or from date the respondent agrees to the order). Orders are typically not backdated anymore. Keep in mind the final order will be in place until either you revoke it or agree on the term of the order suggested by the respondent. This is largely due to the Magistrate not having to be satisfied that the violence will continue, they only have to be satisfied that violence has historically occurred based on the balance of probabilities. If a respondent does not agree with any conditions on the order it simply goes to a contest to hear the evidence for the first time and for a final decision to be determined. Magistrates are quite unwilling now to force applicants to remove conditions or revoke the order, as as far as they are not sure what information is factual. There are so many of these hearings occuring on any given day for Magistrates to find the time to discuss particulars leading up to a contest. If parties can't agree they just simply adjourn it off to a final contest where there is sufficient time to hear evidence from both sides. You will be requested no doubt for further and better particulars by the Magistrate leading up to the contest.

 

[Rod]

If judge grants applicant the DVO order for 12 month DVO when does it begin?

I agree with the above poster, the date the final order is made.