Can You Travel Overseas If You Have A DVO?

Can You Travel Overseas If You Have A DVO
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Domestic violence is a social problem and has a significant impact on society. These kinds of activities are never tolerated, and as prevention, an order has been published by the Court of law. 

Such violence is mainly committed by the victim’s domestic circle and comes from partners, ex-partners, other relatives, immediate family members, and friends. Therefore, ‘Can You Travel Overseas If You Have A DVO’ has raised a big question in our mind, and it is essential to discuss this sensitive issue.

Domestic Violence 

Domestic violence is usually used when there is a close relationship between the offender and the victim. Domestic violence is a form of abusive behaviour on an individual that their intimate partner does to gain control over them and force them to live as the victim in many aspects.

Effects of Domestic Violence

It affects an individual’s thoughts, feelings, and behaviours. It can significantly impact their mental stability and also Increase anxiety, depression, and post-traumatic stress disorder, and such symptoms are commonly found among victims.

There are 3 phases in the cycle of domestic violence-

  • Tension-Building Phase
  • Remorseful Phase.
  • Acute or Crisis Phase

Types Of Violence 

There are various types of acts of violence, from them the five inter-related types of violence are-

  • Physical Violence
  • Verbal Violence 
  • Socio-Economic Violence
  • Psychological Violence
  • Sexual Violence

DVO(Domestic Violence Order)

The complete form of DVO is ‘domestic violence order .’It’s an official document and a protection order issued from the Court to stop threats or acts of domestic violence. 

This order is made by a magistrate so that the person is bound to obey and behave well and not commit domestic violence.

There is zero tolerance for domestic and family violence against any individual, including permanent and temporary visa holders. If such violence occurs, the person committing it shall be taken to trial. Depending on the type of domestic violence and offences, the Court shall impose a penalty ranging from a maximum of 2 years to life imprisonment.

Imposition Of DVO

Only a magistrate can make a DVO unless the victim correctly determines the violence and proves a relevant relationship. In the initial level, when a complainant is filled at the police station, then they issue a police protection notice (PPN) only if they believe any domestic violence has taken place. The PPN requires an individual to behave pleasantly and not commit domestic violence against the aggrieved. 

Travel Overseas If You Have A DVO

It may also prevent them from contacting the aggrieved or coming within a certain distance of the premises for a while. Thus, having a relevant relationship with the victim and proving that the respondent has committed domestic violence against the victim, the Magistrate only publishes such an order to protect the victim from further issues.

DVO Affecting Visa

DOV is taken as a serious issue nowadays. Everyone is concerned about this matter, and there is scope to seek help. Therefore, if any person is alleged with DVO, then this can lead to their visa being cancelled or refused because of ‘bad character. Even citizenship applications can be banned, rejected, deported, or denied naturalisation for that particular matter.

Bad Character In Sentencing

Convictions or cautions; or. Other ‘reprehensible’ behaviour, which in either case does not explicitly relate to the facts of the offence being tried at Court or the investigation or prosecution of that offence.

Penalty In A Domestic Violence Case

A breach of DVO by the respondent is taken as a vital offence. Depending on the situation, a sentence ranging from 2 years or can include up to 10 years or life imprisonment shall be imposed on the accused, with or without a fine.

FAQs

Q.1.Does Domestic Violence Affect Citizenship In Australia?

Yes, it does. It can lead to s visa being cancelled because of such an allegation, and citizenship applications can be rejected.

Q. 2. Can You Go To Australia With A Domestic Violence Charge?

No, you can not visit Australia if you are charged with domestic violence. Even Australia is refusing and banning entry if anyone is found guilty of domestic violence anywhere in the world.

Q. 3. Can A DVO Be Withdrawn?

If the aggrieved have made the application privately, for say, without the assistance of the Police, they can withdraw the application at any stage in the proceedings.

Q.4.Does The Aggrieved Have To Attend Court?

The aggrieved and the respondent needs to be present in Court. Both parties will receive a copy of the application before the court date. The respondent must attend the hearing, yet an order may still be issued against them if they fail to follow.

Q.5.Can You Appeal Against A DVO?

After the Court grants a DVO, you can appeal against the Magistrate’s decision. For further procedure, within 28 days of the decision being made, you must lodge an appeal at the District Court for fast proceedings.

Wrapping Up

Can you travel overseas if you have a DVO? has been summarised in the discussion. Domestic violence is not just a physical offence but also a mental one, which affects the stability of an individual and, thus, creates depression. 

Anyone accused of such an offence cannot travel or visit another country. Their request shall be rejected and banned. The trial shall continue until the order is suspended, and no application shall be accepted.

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Hi, I'm Md Abid Hasan. The owner & content editor of Travellye.com. Travellye.com is a travel blog that covers road trips, day trips, and destinations guide.

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