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This website discusses domestic and family violence and coercive control.
Call Triple Zero (000) and ask for Police if you are in a dangerous or life-threatening situation.
If you don't want to speak to the police you can also call DV Connect on 1800 811 811 or 1800 RESPECT on 1800 737 732 (24 hours a day, 7 days a week).
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What is a domestic violence order?
A domestic violence order (DVO) is an official document issued by the court to stop threats or acts of domestic violence.
Designed to keep you safe, a DVO sets out conditions that must be obeyed by the person who has committed the violence.
Types of DVOs
There are 2 types of DVO’s:
Protection order
Set by a magistrate to protect people in domestic and family violence situations. Most protections orders last for 5 years. The court can make them for shorter or longer periods if appropriate.
Temporary protection order
If you need urgent protection, either yourself or the police can apply for a temporary protection order. The order will protect you until the date a magistrate can decide on the application for a full protection order.
DVO conditions
Every DVO has a standard condition that the person using violence “must be of good behaviour and not commit domestic violence against any person named on the order, including children, relatives, or friends, if they are at risk of violence”.
You can ask to add conditions to the order. This might include things like making it illegal for the person using violence to come within a certain distance of where you live or work.
Apply for a DVO
The application process for a full protection order can take several weeks. If you’re currently in danger you can apply for a temporary protection order until the full order is finalised.
You can either:
- apply for a domestic violence order yourself
- have a police officer, lawyer, friend or family member apply for you.
Regardless of who applies, the court makes an order with the conditions it considers appropriate, and the police enforce the order in the same way.
How to apply yourself
If you apply yourself, you can choose from these options:
- complete online
- complete the interactive PDF - (PDF, 273.9 KB) on your computer or print it and complete by hand
- go to your nearest Magistrates Court and complete the form there.
If you don’t have enough space on the form, write or type more information on a separate sheet of paper and attach it to your form.
For more information, read the Guide to completing an application for a protection order (PDF, 510.8 KB)
Once you’ve completed the form:
- sign the statutory declaration in front of a Justice of the Peace (JP) or Commissioner for Declarations (CDec)
- file the application at a Magistrates Court in Queensland, by post or in person. In some limited circumstances you may also file the application by email.
Most Magistrates Courts have JPs, so you can probably sign the statutory declaration and file the application in one visit. Otherwise, search for your nearest JP or Cdec.
In some circumstances you do not need to complete the statutory declaration before filing your application with the Magistrates Court, for further information please refer to section 12 in the Guide to completing an application for a protection order
What to expect at court
Once your application for a domestic violence order has been filed, you will receive a date for your first appearance at court, which you must attend.
Most people attend court more than once before obtaining a final protection order.
It may take a while for your turn in the court, as several protection matters are heard on the same day. It’s best to set aside the whole day to come to court for a mention.
If you have children, it’s a good idea to make other childcare arrangements while you’re in court as courthouses have no childminding facilities and it’s inappropriate for children to be in the courtroom.
Safety at court
If you apply for a DVO or other type of family order, you will go to court at the same time as the respondent. The courtroom will be a closed court, meaning the only people in the courtroom will be you, the respondent, your lawyers and, if the application was made by police, a police prosecutor.
If you feel you may be unsafe when arriving at court, being in court, or leaving court, you can complete Part A of a Court Safety Form and provide it to the Magistrates Court with your application, or before your next court date.
This form can be completed at any stage of the court process if events arise that make you concerned about your safety attending court.
The information you provide will help court staff decide if additional safety measures are required to help ensure your safety. Court staff will let you know what these safety measures are before you attend court. The court safety form will be put on your court file, but it won’t be part of your domestic violence application and won’t be shown to the respondent.
Being represented at court
If the police apply for the protection order, a police prosecutor will prosecute the application in court.
If you’ve hired a lawyer, they will represent you in the courtroom. An aggrieved person may be eligible to receive help from a lawyer funded by Legal Aid.
You can also represent yourself in court and request a support person be with you.
If you want representation but can’t afford a lawyer, contact:
- Legal Aid Queensland
- your local courthouse (to ask what options are available, including help to find a Queensland Police Service Prosecutor who can help you on the day)