What is domestic violence?

• physical abuse - hitting, pushing, punching, choking, cutting, slapping, burning or throwing objects
• verbal abuse - threats, put downs, criticisms, hurtful and cruel comments
• psychological abuse - intimidating words and actions
• sexual abuse - any type of unwanted sexual contact including rape
• social abuse - always checking up on someone, keeping them away from their family and friends, or stopping them from working to earn their own money
• financial abuse – refusing to give or controlling all the money, or not allowing someone to have a say in how the money is spent
• deliberate damage to property.
  

What is a Domestic Violence Protection Order?

A Domestic Violence Protection Order is a court order that sets limits on a person’s behaviour. For example, the court can order that the person:

• stop committing domestic violence
• not have any guns
• not come near your home or certain places
• not damage property.
  

Can someone apply for the order on my behalf?

Various people can apply for the order on your behalf including:

• a police officer
• your solicitor
• a person you have authorised to do so in writing
• a guardian, appointed under the Guardian and Administration Act 2000
• an attorney, appointed under the Power of Attorney Act 1998.

What relationships are covered under a Domestic Violence Protection Order?

A Domestic Violence Protection Order is made under the Domestic and Family Violence Protection Act 1989. Four defined relationships are covered under this Act.

• Spousal - married, de facto, separated, divorced, biological parent and same sex couples.
• Intimate personal – are or were engaged to be married (including religious and cultural betrothals) and couples who are dating and become linked in some way through intimacy or commitment.
• Family - direct family and people regarded as relatives over 18 years of age.
• Informal care - a person depended upon for day to day chores and activities without a formal contract.

Abuse between other people, such as couples who are dating and there is no intimacy or defined commitment, parents and children who are under 18 yrs of age, or neighbours, is not called domestic violence. Other Queensland laws cover these situations.

Where is a Domestic Violence Protection Order application heard?

The application will be heard in a closed Magistrates Court.

This means the magistrate may only allow family, lawyers, police and people involved in the case to attend.

What can I do if I have experienced domestic violence and want to apply for an order?

Until this happens, if the situation is urgent, call the police immediately on ‘000’ for assistance.

Can I add other people who need protection to the order?

You can add other people to the protection order if they are also in danger from the violent person (respondent). 

You can include children, parents, siblings and other associates including a boyfriend, girlfriend or work colleagues on your application.

Will the order against me show on my criminal record and impact on my job prospects?

A Domestic Violence Protection Order will not show on your criminal record.

However, if you knowingly breach any of the conditions ordered by the court, you will be charged with an offence and a conviction may then be recorded against you.

Can I change the conditions of the order or have it removed?

Yes, you can vary or revoke an order irrespective of where the original order was made, by making a further application to the court.

My 16 year old son has threatened to hit me if I don’t give him money. Can I apply for a Domestic Violence Protection Order against him?

Parents can not apply for Domestic Violence Protection Orders against their children who are less than 18 years of age under the Domestic and Family Violence Protection Act 1989.

If you this situation applies to you, you will need to contact the Department of Communities for assistance.

What does an urgent order mean?

An urgent order can be made if the court is satisfied that you are in imminent danger of being injured, or your property substantially damaged. 

This type of order can be made without first serving the application on the respondent.

If this applies to you, you should notify court staff while you are completing your application.

I have an Apprehended Violence Order (AVO) in New South Wales made in my favour. Do I have to make another application when I move to Queensland?

You do not have to make another application in Queensland.  

You can register your AVO in Queensland by completing a DV9 – Notice of registration for interstate domestic violence order form and lodging it at your nearest Magistrates Court.