Who can Apply for a Domestic Violence Protection Order and How is it Done?

Everyone in Australia has the right to live without fear of violence or abuse. The Domestic and Violence Protection Act 2012 provides you with protection from violent relationships, including the right to apply for a Domestic Violence Protection Order. In this post, we’ll explain what a Domestic Violence Protection Order is, how to apply for one and what happens after you file your application.

What is a Domestic Violence Protection Order?

A Domestic Violence Protection Order is a form of Domestic Violence Order (also known as a DVO). A Domestic Violence Protection Order is made by a magistrate and protects people in situations of domestic violence. Generally speaking, a Domestic Violence Protection Order lasts for five years. However, it can be made for a shorter period, or even extended if the court deems necessary.

If you’re in urgent trouble, then you can also apply for a Temporary Protection Order as well as a Domestic Violence Protection Order. This will protect you until the magistrate has decided on the application for the full protection order.

Who can Apply for a Domestic Violence Protection Order?

If you’re experiencing domestic violence, then there are a number of ways that you can apply for a Domestic Violence Protection Order:

You can report the violence to the police, who can then make a Domestic Violence Protection Order on your behalf
You can make the application yourself
You can instruct and authorise someone over the age of 18 to make an application on your behalf (this can be a friend, a family member or a lawyer)

If you require urgent assistance, then you should contact the police on 000. You can also contact DVConnect via their website, or by calling 1800 811 811, which is available 24/7.

How do I Make an Application for a Domestic Violence Order?

When making an application for a Domestic Violence Order, you’ll be asked to fill out a specific form, which will provide the authorities with all of the information they require. If you instruct a lawyer to help you with your domestic violence case, then they can also fill this form out on your behalf.

If you’re applying yourself, you can either:

Complete online Form DV01 – Application for a protection order
Complete the interactive PDF Form DV01
Print the PDF version of the form and complete it by hand
Complete the form at your nearest Magistrates’ Court

Assistance for completing the form can be found via this PDF. Once you have completed the form, you (or your lawyer) should file it at the nearest Magistrates’ Court, where you’ll need to sign it in front of a Justice of the Peace or Commissioner for Declarations. When the case has been filed, you can also request that the court places ‘conditions’ on the order, which can prevent the respondent contacting you in any way.

What Happens After I File a Domestic Violence Protection Order?

Once the application has been successfully filed, you will be given a date when your application will be considered by the court. The first court appearance is called a ‘mention’ and usually takes place within a couple of weeks of your application being filed. In this time, the respondent will be served with a copy of your application.

At the mention, you and the respondent will both be expected to attend, and the magistrate will ask both of you about the application, allowing you both to present your cases.

If both of you agree on the order, then the court will make the Domestic Violence Protection Order then. If you disagree, then a hearing will be set where evidence will be presented and witnesses will be heard. If the respondent fails to appear at the mention, then the order can be made without them.

If you would like some assistance in filing a Domestic Violence Protection Order, or would like some advice based on your situation, then please contact us.

Our Locations

At Life Law Solutions, our family law team is here to guide you through parenting matters with care and clarity.

You can find us at the following locations:

Wherever you are, we’re committed to helping you navigate the complexities of Family Law and make informed decisions in your child’s best interests.

Frequently Asked Questions

1. Do I need to attend court when applying for a Domestic Violence Protection Order?

Yes, you will generally need to attend court for what’s known as a “mention”. This is where the magistrate reviews your application. A family lawyer can represent you at the hearing, explain the process, and speak on your behalf if you prefer not to face the respondent in court.

2. Do I need a family lawyer to apply for a Domestic Violence Protection Order?

While it’s possible to apply for a Domestic Violence Order on your own or through the police, getting advice from a family lawyer can make the process clearer and less stressful. A lawyer can ensure your application is properly completed, represent you in court, and help you request conditions that best protect your safety and wellbeing.

3. What happens if someone breaches a Domestic Violence Order?

Breaching a Domestic Violence Protection Order is a criminal offence in Queensland and can result in arrest, fines, or imprisonment. If a breach occurs, you should contact the police immediately. A family lawyer can help you understand your legal options and assist with any follow-up court proceedings to ensure your protection remains in place.