When home is no longer a safe place, taking steps to protect yourself or someone you care about becomes critical.
Across Queensland, domestic and family violence continues to affect people of all ages, backgrounds, and family situations. The impacts can be emotional, physical, psychological, financial — and often long-lasting. That’s why a Domestic Violence Order (DVO) is such an important legal protection.
A DVO is designed to help prevent abusive behaviour from continuing or escalating, and to provide safety and clear boundaries for those at risk. Whether the harmful behaviour comes from an intimate partner, a family member, or another person you’re in a relevant relationship with, Queensland law provides pathways to seek protection.
This guide explains what a Domestic Violence Order is, how it works in Queensland, and how it may help keep you or someone you care about 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: www.vmfamilylaw.com.au/contact
What Is a Domestic Violence Order (DVO)?
A Domestic Violence Order (DVO) is a civil order made by the Magistrates Court in Queensland to help protect a person from abusive, threatening, or violent behaviour.
Under the Domestic and Family Violence Protection Act 2012 (Qld), a DVO sets out legally enforceable conditions that the other person — known as the respondent — must follow. These conditions are designed to reduce the risk of further harm and to create clear boundaries for safety.
Breaching a DVO is a criminal offence and can lead to significant penalties, including fines or imprisonment.
A DVO itself is not a criminal conviction, but it is a legal mechanism that provides protection and ensures the court can intervene if the respondent’s behaviour continues or escalates.
What Types of Behaviour Are Covered?
Domestic and family violence in Queensland includes far more than physical harm. The law recognises a wide range of behaviours that are abusive, controlling, or threatening, including:
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Physical violence: hitting, pushing, choking, or any form of physical assault.
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Emotional or psychological abuse: intimidation, coercion, threats, humiliation, manipulation, or stalking.
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Sexual abuse: any unwanted sexual activity, coercion, or behaviour that makes someone feel unsafe or violated.
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Financial abuse: restricting access to money, controlling finances, or withholding necessary financial support.
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Social abuse: isolating a person from friends, family, cultural connections, work, or support networks.
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Verbal abuse: persistent insults, shouting, name-calling, or degrading language.
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Systems abuse: misusing legal, administrative, or institutional processes to intimidate, punish, or exert control.
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Damage to property or harm to pets: destroying possessions, threatening to damage property, or harming animals to cause fear or distress.
These behaviours may not always leave visible injuries, but they can cause significant emotional, psychological, and long-term harm. The Act recognises this broader definition to ensure people can seek protection before violence escalates.
What Relationships Are Covered?
A Domestic Violence Order (DVO) can only be made when there is a relevant relationship between the person seeking protection (the aggrieved) and the respondent. In Queensland, a relevant relationship includes:
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Intimate personal relationships:
Spouses, de facto partners, former partners, and people who are or were dating — including same-sex relationships. -
Family relationships:
Parents, children, siblings, step-parents, step-children, grandparents, in-laws, and other relatives connected by blood or marriage. -
Informal care relationships:
Situations where one person is dependent on another for help with daily living due to age, illness, or disability (excluding paid carers or formal service providers).
These categories ensure that protection is available to people experiencing abuse within close, personal, or family-type relationships — recognising that harmful behaviour can occur in many different forms of connection.
How Does a Domestic Violence Order Work?
Once a Domestic Violence Order (DVO) is issued by a Magistrate, it becomes legally enforceable. The order sets out conditions the respondent must follow to reduce the risk of further violence, threats, or harmful behaviour.
A DVO does not automatically end a relationship, change parenting arrangements, or prevent communication where necessary (for example, through lawyers or family law processes). Instead, it creates clear legal boundaries. Police can take immediate action if the respondent breaches any condition, and a breach is a criminal offence.
Common Conditions in a DVO
Conditions are tailored to the situation, but they often include requirements such as:
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No direct or indirect contact (including phone calls, texts, emails, or social media).
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Not approaching the aggrieved’s home, workplace, school, or other nominated places.
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Restrictions relating to children, parenting handovers, or shared property.
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Prohibiting all forms of harassment, intimidation, threats, or damage to property.
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Additional protections for children, and in some cases, unborn children.
These conditions aim to minimise risk and prevent behaviour that may cause fear or harm.
Duration of Orders
Most DVOs are made for five years, although the court can order a shorter or longer period depending on the circumstances and level of risk.
In urgent situations, the court or police may issue a Temporary Protection Order (TPO) on the same day. A TPO provides immediate protection and stays in place until the court makes a final decision about the DVO.
Who Can Apply for a Protection Order in Queensland?
In Queensland, several people or authorities can apply for a Domestic Violence Order (DVO) to help ensure the safety of the aggrieved. An application can be made by:
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The person experiencing domestic violence (the aggrieved).
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A police officer, who may apply on behalf of the aggrieved or on their own initiative.
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A friend, family member, or another authorised person acting with the aggrieved’s consent.
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A legal guardian or attorney, where the aggrieved has impaired capacity.
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A personal representative or support worker authorised under relevant legislation.
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A child, in limited circumstances and typically with court approval.
Importantly, police can apply for a Protection Order without the aggrieved’s consent if they believe the person is at serious risk of harm. This allows urgent protection even when the aggrieved feels unable or unsafe to make the application themselves.
How to Apply for a Domestic Violence Order in Queensland
Step 1: Complete the Application Form
Use the official Application for a Protection Order – Form DV01, available online or from any Magistrates Court registry. You can complete the application yourself, with the assistance of a lawyer, or with help from police.
Step 2: Prepare Supporting Evidence
Provide a clear, detailed account of the domestic violence, along with any supporting evidence such as:
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Photos of injuries or damaged property
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Text messages, emails, social media messages, or call logs
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Witness statements
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Police reports or medical records
The more specific and detailed your statement, the easier it is for the court to understand the risks involved.
Step 3: File the Application
Lodge your completed Form DV01 at your local Magistrates Court or submit it online via the Queensland Courts Portal. After filing, the court will allocate a date for the first hearing.
Step 4: Temporary Protection Orders (TPOs)
If there is an urgent need for safety, the court can issue a Temporary Protection Order (TPO) that takes effect immediately. Police can also apply for a TPO on your behalf in high-risk situations.
A TPO remains in place until the court makes a final decision on the Protection Order.
Step 5: Legal and Police Support
Help is available throughout the process. You may seek assistance from:
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Legal Aid Queensland
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Community legal centres
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Private family lawyers
Police may also issue a Police Protection Notice (PPN), which provides immediate, short-term protection before the matter goes to court.
After the Order Is Granted
Once a Domestic Violence Order (DVO) — either a Temporary Protection Order (TPO) or a final Protection Order — is made by the court, it becomes legally binding immediately.
Key Points to Understand
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Service of the order: Police or an authorised officer must serve the respondent with the order so they understand the conditions and their legal obligations.
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The order is enforceable straight away: From the moment it is issued, any breach of the conditions is a criminal offence.
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Police can monitor compliance: If police believe the respondent has breached the order, they can investigate, arrest, and charge the respondent.
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Penalties for breach: Breaching a DVO carries serious consequences, including:
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Up to 3 years’ imprisonment for a first offence
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Up to 5 years’ imprisonment for a subsequent breach within five years
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A DVO is not a criminal conviction, but breaching it is a criminal offence and can result in a criminal record, court penalties, and long-term legal consequences.
Support for Protected Persons
After a Domestic Violence Order (DVO) is granted, a range of Queensland services are available to help support the aggrieved and enhance their safety and wellbeing. These services can assist with counselling, safety planning, legal advice, and navigating the court process.
Key support options include:
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DVConnect (Women’s Line, Men’s Line, and specialist services)
Provides crisis support, safety planning, emergency accommodation, and referrals. -
Women’s Legal Service Queensland
Offers free legal advice and support for women experiencing domestic and family violence. -
Legal Aid Queensland
Provides legal information, advice, and representation for eligible individuals. -
Family counselling and intervention programs
Including specialised domestic violence support programs for individuals and families. -
Other domestic violence crisis hotlines and community support organisations
Offering counselling, case management, and practical assistance.
These services play a crucial role in helping people stay safe, understand their rights, and begin long-term recovery after experiencing domestic or family violence.
Frequently Asked Questions (FAQs)
What is a DVPO order?
A DVPO (Domestic Violence Protection Order) is a legal order issued by an Australian court to protect someone from domestic or family violence. It places conditions on the respondent to stop abusive behaviour and prevent further harm.
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.
What is the minimum punishment for domestic violence?
The minimum punishment for domestic violence in Australia varies by state and the severity of the offence. It can include good behaviour bonds, fines, or community service, but serious cases may lead to imprisonment, even for first-time offences.
What to do once domestic violence occurs?
If domestic violence occurs, seek immediate safety by contacting police on 000 and consider applying for a DVPO. You should also speak to a lawyer or support service for guidance on your legal rights and protection options.
What will you do if you know someone who is a victim of domestic violence?
If someone you know is a victim of domestic violence, listen without judgment, encourage them to seek help, and refer them to services like DVConnect or 1800RESPECT. If they’re in danger, call 000 immediately.
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.
You’re Not Alone — Let VM Family Law Help You
If you or someone you love is experiencing domestic violence, applying for a Domestic Violence Order (DVO) can be an important step toward protection and a safer future. If you are in immediate danger or fear for your safety, please call 000.
At VM Family Law, we provide dedicated legal support for DVO applications, along with family dispute resolution and family law mediation services to help you navigate difficult situations with care and clarity.
Our compassionate team is here to listen, guide, and advocate for your safety and rights — every step of the way.
Contact us today for a confidential consultation on 07 3447 8966 or visit www.vmfamilylaw.com.au. You don’t have to face this alone — we’re here to help.
Official Information Sources
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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-violence -
Queensland Law Society – Find a Family or Domestic Violence Lawyer
https://www.qls.com.au/
