When home is no longer a safe place, taking steps to protect yourself or someone you care about becomes critical.
In Queensland, reports of domestic violence continue to rise, affecting individuals across all ages, backgrounds, and family structures. The impacts can be emotional, physical, financial, and long-lasting.
That’s why a Domestic Violence Protection Order (DVPO) is such an important legal tool. It’s designed to help stop abusive behaviour before it escalates and to offer real protection to those most at risk.
Whether the abuse is coming from an intimate partner, family member, or someone else in a close relationship, the law offers clear pathways to act. This guide explains what a domestic violence protection order is, how it works in Queensland, and how it can help keep people safe.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Is a Domestic Violence Protection Order?
A Domestic Violence Protection Order (DVPO) is a legal order made by a Magistrates Court in Queensland to protect people from abusive, threatening, or violent behaviour.
Under the Domestic and Family Violence Protection Act 2012 (Qld), the order sets clear legal conditions that the other person, known as the respondent, must follow. Breaching the order is a criminal offence and can result in serious penalties.
A DVPO is not a criminal conviction on its own but creates enforceable rules to prevent further harm and keep victims safe.
What Types of Behaviour Are Covered?
Domestic and family violence isn’t limited to physical harm. The law recognises many forms of abuse, including:
Physical violence: hitting, pushing, choking, or other physical assaults.
Emotional or psychological abuse: threats, manipulation, stalking, intimidation, or humiliation.
Sexual abuse: unwanted sexual activity or coercion.
Financial abuse: controlling access to money or withholding financial support.
Social abuse: isolating someone from family, friends, or support networks.
Verbal abuse: shouting, insults, or degrading language.
Systems abuse: misusing legal or institutional processes to control or harass.
Damage to property or harm to pets: destroying possessions or harming animals.
These actions may not always leave visible injuries, but they cause serious emotional and psychological harm.
What Relationships Are Covered?
A DVPO applies when there is a relevant relationship between the protected person (the aggrieved) and the respondent. In Queensland, this includes:
Intimate personal relationships: spouses, de facto partners, former partners, or dating partners (including same-sex relationships).
Family relationships: parents, children, siblings, step-parents, grandparents, or in-laws.
Informal care relationships: where one person depends on another for care due to age, illness, or disability.
These definitions ensure protection for anyone facing abuse within family-type or close personal relationships.
How Does a Domestic Violence Protection Order Work?
Once issued by a Magistrate, a DVPO becomes legally enforceable. It tells the respondent what they can and cannot do to prevent further violence or threats.
A DVPO does not automatically end the relationship but establishes legal boundaries. Police have authority to act immediately if the order is breached.
Typical Conditions May Include:
No contact by phone, text, or social media.
Prohibiting the respondent from approaching the aggrieved’s home, workplace, or school.
Restrictions around children or property.
Prohibiting damage, threats, or intimidation.
Orders can also be adapted to protect children or unborn babies where appropriate.
Duration of Orders
Most DVPOs last for five years, but the court can shorten or extend this period based on circumstances. In urgent situations, temporary protection orders can be made the same day and remain active until a final decision is reached.
Who Can Apply for a Protection Order in Queensland?
Applications for a DVPO can be made by:
The person experiencing violence (the aggrieved).
A police officer acting on their behalf.
A friend, family member, or authorised representative.
A legal guardian or support person for someone with impaired capacity.
A child (with court approval).
Police can also apply without the victim’s consent if they believe there is serious risk of harm.
How to Apply for a Domestic Violence Protection Order
Step 1: Complete the Application Form
Use the official Application for a Protection Order – Form DV01. It is available online or from any Magistrates Court. You can complete it yourself, through a lawyer, or with police assistance.
Step 2: Prepare Supporting Evidence
Provide a detailed statement explaining the abuse, with supporting materials such as:
Photos of injuries or damaged property.
Text messages, emails, or call records.
Witness statements.
Police or medical reports.
Step 3: File the Application
Lodge the form at your local Magistrates Court or online via the Queensland Courts Portal. The court will set a date for your hearing.
Step 4: Temporary Protection Orders
In urgent cases, the court or police can grant temporary protection orders that take effect immediately to ensure safety until a full hearing is held.
Step 5: Legal and Police Support
You can seek help from Legal Aid Queensland, a community legal centre, or a private lawyer. Police can also issue Police Protection Notices to provide instant protection before the court hearing.
After the Order Is Granted
Once the DVPO is made, it becomes legally binding immediately.
Key Points:
The respondent is served: police or an authorised officer deliver the order to ensure the respondent knows its terms.
The order becomes enforceable: any breach is a criminal offence.
Police monitor compliance: officers can arrest and charge the respondent for violations.
Penalties for breach: penalties can include up to 3 years’ imprisonment for a first offence, and up to 5 years for repeat breaches within five years.
A DVO itself is not a criminal record, but breaching it is a criminal offence that can have lasting consequences.
Support for Protected Persons
After a DVPO is granted, support is available through Queensland services such as:
Domestic violence crisis hotlines.
Family counselling or intervention programs.
Legal Aid Queensland for ongoing legal assistance.
DVConnect and the Women’s Legal Service Queensland.
These services provide safety planning, court support, and counselling for long-term recovery.
Frequently Asked Questions (FAQs)
What evidence do I need for a DVPO?
You can use photos, messages, witness statements, police records, and personal statements showing violence, threats, or control.
Does a DVPO go on a criminal record?
No, but any breach of the order is a criminal offence and will appear on the offender’s criminal history.
How long does a protection order last?
Usually five years, but it may be shorter or longer depending on the circumstances.
Can the order protect my children?
Yes. The court can include children or unborn babies in the order if there’s evidence of risk.
What if the respondent breaches the order?
Report it to police immediately. Breaching an order is a criminal offence that can result in fines or imprisonment.
Final Thoughts
No one should feel unsafe in their own home or relationship. A Domestic Violence Protection Order provides a legal safeguard to help Queenslanders escape abuse and rebuild safety.
At VM Family Law, our team specialises in both family law and domestic violence matters. We guide clients through every step of the process — from applying for a DVPO to representing them in court — with compassion, confidentiality, and care.
Call 07 3447 8966 or visit vmfamilylaw.com.au to take your next step toward safety.
Official Information Sources
Queensland Law Handbook – Domestic and Family Violence
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/family-law/domestic-and-family-violence/Legal Aid Queensland – Domestic and Family Violence
https://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Domestic-and-family-violenceQueensland Law Society – Find a Family or Domestic Violence Lawyer
https://www.qls.com.au/
