What is a DVO?
A Domestic Violence Order (DVO) is a court-issued directive aimed at preventing a person from committing domestic violence against a protected individual.
DVOs can have different names depending on the Australian state or territory, such as Intervention Orders (IVOs) in Victoria or Apprehended Domestic Violence Orders (ADVOs) in New South Wales.
These orders can impose various conditions, such as prohibiting contact or requiring the accused to stay away from certain places.
Key Takeaway:
DVOs vary by state and territory, but all serve to protect individuals from domestic violence through legally enforceable conditions.
How to Find Out If Someone Has a DVO on Them
In Australia, a Domestic Violence Order (DVO) is a legal order issued by a court to protect individuals from domestic and family violence.
Determining if someone has a DVO on them can be complex. The most straightforward way to determine if someone has a DVO against them is by contacting your local police department.
Police have access to the National Police Database, which they can use to reveal whether a person has a current or past DVO.
However, access to this information may be restricted due to privacy laws, and not all inquiries will be granted.
Key Takeaway:
To find out if someone has a DVO, start by contacting local law enforcement, but be prepared for potential privacy restrictions.
Does a DVO Show Up on a Police Check?
Generally, a Domestic Violence Order will not appear on a standard police check.
Police checks in Australia are primarily used to identify criminal convictions, and a DVO is a civil order, not a criminal conviction.
However, if a person breaches a DVO, that breach may result in criminal charges or prosecution, which could appear on a police check.
In some cases, working with children’s checks or other specific checks might also show DVO-related information if relevant to the position being applied for.
Key Takeaway:
A DVO itself does not usually appear on a standard police check, but breaches of the order might be listed as criminal offences.
Legal Means of Accessing Information about a DVO
You may need to go through various legal channels to access information about whether someone has a DVO.
If you are a party directly involved in the DVO, such as the protected person or the accused, you can request this information directly from the court that issued the order. Sometimes, a legal representative can access the details on your behalf.
However, if you are not directly involved, obtaining this information can be more challenging due to privacy laws that protect the parties involved in domestic violence matters.
Key Takeaway:
Directly involved parties can better access DVO information through the issuing court or a legal representative.
Using Public Records and Legal Assistance
While police and courts are the primary sources for confirming the existence of a DVO, some information may also be found through public records or online legal databases.
However, public access to this information is often limited to protect the privacy and safety of those involved. Seeking advice from a legal professional can help to clarify whether it’s possible to obtain the information you’re looking for and the correct procedure to follow.
Impact of DVOs on Employment and Background Checks
While a DVO is a civil order and does not usually appear on a standard police check, specific jobs or volunteer roles may require a more in-depth background check.
For example, positions that involve working with vulnerable people, such as children or older people, may involve additional scrutiny. In such cases, a DVO could be discovered if the employer conducts a comprehensive risk assessment.
Overall Key Takeaway:
Finding out if someone has a DVO against them involves navigating privacy laws and understanding how domestic violence orders are managed within the Australian legal system.
The process may require contacting local police, seeking court information, or consulting legal professionals. Remember, while DVOs aim to protect victims, they also come with privacy considerations that must be respected.
