Making changes to your domestic violence order
- If you need urgent help, call the police on 000.
- If you need housing in a women’s refuge, call 1800 811 811.
If your situation changes, you can apply to make changes to the order if your name appears on a current Queensland domestic violence order (temporary protection order or a protection order). The law calls this an application to vary the protection order.
If your name appears on a current interstate domestic violence order (DVO) and was made after 25 November 2017, it is automatically recognised and is enforceable in all states and territories. An application to vary that DVO can be made in Queensland. Read more about the National Domestic Violence Order Scheme.
You can ask the court to consider changing any domestic violence order, even if a police officer made the original application to the court.
If the court decides to make the changes you are asking for, a varied order will be issued. If the court does not agree to the changes you are asking for, the current domestic violence order will remain in place.
Changes to current orders can include:
- adding or removing conditions
- adding or removing named people (e.g. children, relatives, and associates)
- extending or reducing the time the order is in force.
If you are the aggrieved or a named person, the court must consider whether the requested changes will reduce your and/or a named person’s safety, protection or wellbeing. If you are the respondent, consideration will given to how the requested changes will affect the aggrieved or a named person.
Who can apply to change an order
If you are the aggrieved, respondent, applicant or a named person (e.g. relative or associate named on the order), you can apply to make changes to the current domestic violence order.
If you are the aggrieved person, you can authorise someone else to apply to change the domestic violence order on your behalf.
If you are a named person, you can only apply to change the parts of the domestic violence order that apply to you. For example, you may want the court to change or remove conditions that include you, or you may want the order to stop applying to you.
How to apply to change an order
To apply for changes to your current Queensland domestic violence order:
- download and print the DV4 Application to vary a domestic violence order
- get a JP or Cdec to witness your signature on the declaration section of the form
- lodge your application with a Magistrates Court by post or at the counter.
To complete the form you will need to know when and where the current domestic violence order was made. Your current domestic violence order will have these details on it. If you do not have a copy of your current order, contact the Magistrates Court to get these details.
If your current domestic violence order was not made in Queensland and you want to make changes you must complete a DV4A - Application to vary a recognised interstate order .
Police receive copies of all applications to change orders. They may come to court and tell the magistrate whether they agree to the changes you are asking for.
If a police officer applied for the current domestic violence order, or has taken action relating to breaches, you should contact that officer to explain why you want the changes made.
If you are asking to remove conditions that will reduce the protection of the aggrieved, you will need to explain how the circumstances have changed, and how everyone will remain protected from domestic violence.
The safety, protection and wellbeing of people who fear or experience domestic violence, including children, is most important.
The magistrate will listen to you and to the police and make a decision.
Impact on weapons licences
If you have had your weapons licence cancelled because you are the respondent on a current domestic violence protection order, you cannot get your weapons licence back until 5 years after the order was made.
Even if the court agrees to shorten the order, you won’t be able to get your weapons licence back any earlier.
Orders from another state or territory
If you have an active DVO, issued in another Australian state or territory, and your order was made before 25 November 2017, you need to make an application to declare your DVO so it can be recognised and enforceable in Queensland.
To apply, complete a Form 35 – Application to declare a DVO to be a recognised interstate order and file it at any Magistrates Court. The respondent won’t be told about the Queensland declaration unless you agree to it in writing.
If you want to have your order nationally recognised and enforceable, and you also want to vary your order, you will need to complete a Form DV4A - Application to vary a recognised interstate order . The respondent will be given a copy of your application and will be notified of the date, time and location that the court will consider the application. The respondent will be provided with a copy of the varied order.