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 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. In this guide, we’ll explain what a domestic violence protection order is, how it works in Queensland, and how it can help keep people safe.
Need guidance with a protection order application?
Our experienced Queensland family lawyers at VM Family Law can walk you through every step, from preparing your evidence to representing you in court. Your safety and legal rights are our top priority. Call 07 3447 8966 or visit vmfamilylaw.com.au.
What Is a Domestic Violence Protection Order?
A domestic violence protection order (DVPO) is a legal order made by a Magistrates Court in Queensland. It’s designed to protect people from abusive, threatening, or violent behaviour by someone they are, or have been, in a domestic or family relationship with.
Under the Domestic and Family Violence Protection Act 2012 (Qld), this order sets clear legal rules that the other person, known as the respondent, must follow to prevent further harm. It’s not a criminal conviction on its own, but breaching the order is a criminal offence and can result in serious penalties.
What types of violence are covered?
The law recognises that domestic or family violence isn’t just physical. A DVPO can apply to many different types of harmful behaviour, including:
- Physical violence – hitting, punching, pushing, or any unwanted physical contact
- Emotional or psychological abuse – threats, manipulation, name-calling, stalking, intimidation
- Sexual abuse or sexual assault – any unwanted sexual activity or coercion
- Financial abuse – controlling access to money, refusing to allow spending, taking earnings
- Social abuse – isolating someone from friends, family, or support networks
- Verbal abuse – yelling, insulting, degrading language
- Systems abuse – misusing legal systems to control, threaten, or harass
- Damage to property or harm to pets – destroying personal belongings or hurting animals
These behaviours may not always leave physical marks, but they cause real harm. The order is designed to protect a person’s safety, well-being, and freedom from fear.
Is it the same across Australia?
No. While all states and territories have laws to protect against family violence, the specific rules, terms, and processes vary. Queensland has its own legislation, courts, and procedures.
For example, an order made in Brisbane may look different from one made in Western Australia or the Northern Territory.
However, under national recognition laws, a DVPO made in one state is enforceable in all others. That means if you move interstate, the order can still protect you.
What relationships are covered?
A DVPO applies when there is a relevant relationship between the person seeking protection (the aggrieved) and the other party (the respondent). In Queensland, this includes:
- Intimate personal relationships – current or former spouses, de facto partners, dating partners, including same-sex partners
- Family relationships – parents, children, siblings, step-parents, in-laws, grandparents, grandchildren, and extended family
- Informal care relationships – where one person relies on another for help with daily tasks due to illness, disability, or age
It’s not limited to romantic partners. The law recognises that abuse can occur in many family-type relationships, not just between couples.
These definitions reflect the diverse family structures and personal relationships across Queensland communities.
How Does a Domestic Violence Protection Order Work?
Once made by a Magistrate, a DVPO becomes a legally enforceable direction. It tells the respondent how they must behave toward the protected person.
The main goal is to prevent future harm by setting legal boundaries the respondent must not cross.
Importantly, the order doesn’t end the relationship unless the aggrieved chooses to do so, but it sets limits to stop further abuse or threats. Police have the power to act immediately if the order is broken.
Types of conditions that can be included
Every order will have standard conditions that stop the respondent from committing any domestic violence against the protected person.
Depending on the situation, the court can also add extra conditions, such as:
- Not going to the protected person’s home, workplace, or school
- No contact by phone, social media, email, or through someone else
- Restrictions around children or parenting arrangements
- Orders relating to personal property (like not removing items)
- Preventing access to money, tools, or documents
- Conditions to protect the subject child or unborn children
The Magistrate can tailor the conditions to address specific risks, including mental health, abuse of power, or imbalance of power in the relationship.
Duration of the order
A DVPO usually lasts for five years. But the court can set a shorter or longer period if there’s good reason.
In urgent cases, a temporary protection order can be made quickly, often on the same day. This stays in place until the court can decide on a final order.
Orders can also be extended or varied later if new risks or issues come up.
Who Can Apply for a Protection Order in Queensland?
Several people have the right to apply for a DVPO to protect themselves or someone else. Here’s who can apply:
- The person experiencing violence (the aggrieved)
- A police officer acting for the victim
- An authorised person, like a friend, carer, or family member
- A legal guardian for a person with impaired capacity
- A child, in some cases, with court approval
- Legal representatives assisting the aggrieved
Each application must be based on a relevant relationship and a risk of violence or harm. Police can also apply even if the aggrieved doesn’t want to proceed, especially if there’s a serious safety risk.
Unsure what your protection order includes or what it means for your family?
Let our compassionate team explain your DVPO clearly and help you build a solid safety plan. Whether you’re a protected person or involved in a family dispute, we’re here to support you. Reach out to VM Family Law on 07 3447 8966 or head to vmfamilylaw.com.au.
How to Get a Domestic Violence Protection Order
Dealing with family violence is tough, but understanding the court application process in Queensland can make things clearer and safer.
Here are the steps:
1. Complete the application form
Start by filling out the Application for a Protection Order – Form DV01. This is available:
- Online through the Queensland Courts website
- In person at your local Magistrates Court
- Through your Queensland family lawyer or a police officer
The form asks for details about the domestic partner or respondent, the relationship, and examples of personal violence, threats, or other harmful behaviour. It also allows you to request temporary protection while waiting for the hearing.
2. Prepare your evidence
You’ll need to provide a detailed statement or statutory declaration explaining the violence. Include any evidence that supports your case, such as:
- Photos of injuries or damaged property
- Text messages, emails, or social media posts
- Police reports from the family violence incident
- Medical records
- Witness statements
- Information about the effects of family violence on children or yourself
If you’re worried about sharing certain details, speak with court staff or get legal advice from a family lawyer about how to present your application safely.
3. File the application at a Magistrates Court
You can lodge the form:
- At any Magistrates Court in Queensland
- Or submit it online via the Queensland Courts portal
The Magistrates Court Registry staff can explain the next steps but cannot provide legal advice. Your matter will then be set down for a hearing, sometimes urgently, if there’s a need for a temporary protection order.
4. Get police support (if needed)
The Queensland Police Service can:
- Help complete and submit the form
- Apply on your behalf (especially in high-risk cases)
- Issue a Police Protection Notice for immediate protection from violence
- Attend court with you on the hearing day
Police may also continue investigating the incident separately. If charges are laid, that becomes a criminal matter.
To help you, here is the list of Queensland police stations.
5. Seek legal aid or community legal help
You have the right to speak to a lawyer before or during the application. Legal Aid Queensland and community legal centres can help if you can’t afford private legal help.
Legal assistance can be crucial when:
- There are parenting arrangements involved
- You’re responding to a cross-application
- The respondent already has a criminal record
- You need to request a family violence intervention order as part of broader family law issues
The more prepared you are, the stronger your case for protection from violence. Don’t delay in reaching out for support; timing can make all the difference.
What Happens After a Domestic Violence Protection Order Is Issued
Once the DVPO is issued by the court, it becomes legally binding straight away. The respondent must follow every condition listed, from that point forward.
If they break the rules, even once, they may face criminal charges.
Here’s what happens next:
1. The respondent is served
After the court makes the order, the respondent will be officially given a copy; this is called being served. It can be done by:
- Police officers
- A court-appointed process server
- A legal representative (if arranged)
Until they receive it, the respondent may not be aware the order exists. That’s why timely service is crucial.
2. The order becomes enforceable
Once served, the DVPO is fully enforceable by law. That means the respondent must not breach any condition in the order, such as:
- Contacting the aggrieved in any way
- Approaching their home, work, or school
- Causing emotional abuse, intimidation, or any personal violence
- Damaging property or involving others to carry out abuse
- Violating parenting or child arrangement terms included in the order
Even indirect contact, like messaging through a friend, can be considered a breach.
3. Police monitor compliance
The Queensland Police Service plays a big role in monitoring and enforcing the order. If the respondent breaches any part of it, police can arrest and charge them.
Breaching a protection order is a criminal offence, and the respondent may end up with a criminal record, fines, or even jail time.
4. Penalties for breach
Penalties can include:
- Up to 3 years imprisonment for a first offence
- Up to 5 years for repeat breaches within 5 years
- Monetary fines or community service orders
- Impacts on employment, custody, and future legal proceedings
5. Follow-up support for the protected person
If you’re protected by the order, you may also receive help from:
- Family violence intervention programs
- DVConnect or Women’s Legal Service Queensland
- A family law duty lawyer if child-related matters are involved
The goal is not just protection but also long-term safety, recovery, and stability.
If family violence is affecting your child’s environment, we can help you seek protective conditions that prioritise their needs. Our Queensland family lawyers at VM Family Law understand how to work within both family law and DVPO frameworks. Talk to us now at 07 3447 8966 or visit vmfamilylaw.com.au to explore your options.
Frequently Asked Questions (FAQs)
What evidence do you need for a DVO?
You can provide text messages, photos, witness statements, medical reports, or police records showing abuse or threats within an intimate or family-type relationship. The court considers all evidence seriously in family violence matters.
What are the 3 R’s for stopping domestic violence?
Recognise, Respond, and Refer. These guide professionals in identifying family violence laws, acting appropriately, and connecting people with support and legal help.
How does a DVO work in QLD?
A Domestic Violence Order legally stops someone from abusive behaviour by placing enforceable conditions. It protects individuals in intimate or family-type relationships, and breaching it can lead to criminal charges.
What is the difference between an AVO and a restraining order?
An AVO (used in NSW) and a restraining order (used in WA and other states) are similar to a Queensland DVO, but each state’s family violence laws and procedures differ.
How long does a DVO stay on your record in QLD?
A DVO itself doesn’t go on a criminal record, but any breach is a criminal offence and will be recorded. This can impact family dispute resolution or future legal issues.
How can family lawyers help with a DVPO?
They guide you through the private application, gather evidence, explain your rights under family violence laws, and support you in court, especially during family violence matters or if children are involved.
Final Thoughts
No one should feel unsafe in their own home or relationship. If you or someone close to you is experiencing abuse, a domestic violence protection order can offer real safety and peace of mind.
Having the right information and the right support can make all the difference. At VM Family Law, our compassionate family lawyers are here to guide you with care and clarity.
We’re based in Ipswich and Springfield, proudly helping families across Queensland find protection and strength through the legal system. Call us on 07 3447 8966 or visit vmfamilylaw.com.au to take that first step toward feeling safe again.
