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How to apply for a Domestic Violence Protection Order

Preparing your application online

You can prepare your Application for a Domestic Violence Protection Order online.

The online form will include questions about your situation, what happened and what protection you need.  The Magistrate will consider your Application and decide if a Protection Order should be made. After completing the online Application, you will need to download and print the completed PDF forms.  Before they can be lodged with the Magistrates Court, the person making the Application must sign the form (as a Statutory Declaration).  The signature must be witnessed by a Justice of the Peace, Commissioner for Declarations or a lawyer.

You can apply for a Domestic Violence Protection Order  yourself, using a Form DV01 – Application for a protection order (PDF, 216.3KB), or you can get a police officer, lawyer or authorised person (friend, relative, community/welfare worker) to apply for you.

You should get legal advice before applying.  Contact us to find out how we can help.

To get a Domestic Violence Protection Order, you must prove:

  • there is a relevant relationship;
  • there has been a past act of domestic violence; and
  • an Order is needed or desirable.

Applying for an urgent Domestic Violence Protection Order

If you think you need an Urgent Temporary Protection Order, ask to speak to either the Court Registry staff or a police officer.

For urgent Orders, you will go to Court soon after you make the Application and before the Respondent (the person you are wanting the Order against) is told about your Application.  You will be given another date when you and the Respondent will have to go to Court to tell the Magistrate about your situation.  If you have a lawyer, they may be able to go to this Court Hearing for you.

Applying for a non-urgent Domestic Violence Protection Order

After you have submitted your application with the Court, you will be given a date to go to Court.  The date and a copy of your Application will be given to the Respondent.

The Respondent can choose to:

  • agree to a Domestic Violence Protection Order being made (consent without admissions);
  • oppose the application for an Order; or
  • ask for another Court date to give them time to get legal advice.

If the Respondent disagrees with the application for a Domestic Violence Protection Order, another Court date will be made for a Hearing.

Appearing in Court

Domestic and family violence duty lawyer

If you have to go to Court to apply for, or respond to, a Domestic Violence Protection Order, the domestic and family violence duty lawyer may be able to help on your Court date.  The domestic and family violence duty lawyer may not necessarily appear with you in Court (unless you have a specific need), but they can still help you by:

  • discussing your situation and available options;
  • giving you free legal information and advice;
  • explaining what will happen in Court;
  • helping you with Court forms or documents;
  • helping you complete a Legal Aid Queensland application form;
  • discussing your eligibility for ongoing representation from Legal Aid Queensland;
  • referring you to other organisations who may be able to help; and
  • referring you for legal advice, help and representation (if eligible) for related family law and child protection issues.

 

Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.

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