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Someone has taken out a Domestic Violence Protection Order against me

If someone has taken out a Domestic Violence Protection Order, or the police have issued a Police Protection Notice against you, then you should do the following:

  • Follow the Order or the notice, even if you do not agree with it.  Read it carefully, and do not break (contravene) it;
  • Go to Court — an Order can be made even if you do not go; and
  • Get support from family, friends or a support services.

The conditions of an Order or notice are serious, and breaching a Domestic Violence Protection Order (including any Temporary Protection Orders) is a criminal offence.  If you are found guilty of breaching the Protection Order, you could face a fine, a term of imprisonment or both.

You should get legal advice before deciding whether you agree or disagree with the Domestic Violence Protection Order Application, or before asking for a Hearing date.

A Domestic Violence Order is a civil matter.  If a Domestic Violence Protection Order is made you will not have a criminal record if you follow the terms of the Order.  However, if you are alleged to have breached the Order, you may be charged by the police.  A conviction for breaching (contravening) a Domestic Violence Protection Order is a criminal matter.

If a Domestic Violence Protection Order is made it may affect licences and other cards you hold, including weapons and security licences and Working with Children – Blue Cards.

A final Domestic Violence Protection Order normally lasts for 5 years.  A Temporary Order can be made whenever an Application is mentioned in Court and will last until the next mention date or when an Application is heard by the Court.

 

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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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