Applying for a 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 you’re experiencing domestic violence, you can apply for a domestic violence order (DVO). The DVO sets out conditions that must be obeyed by the person who has committed the violence (‘the respondent’).
Note: The application process for a full protection order can take several weeks. If you’re in danger currently, you can apply for a temporary protection order until the full order is finalised.
You can either:
- have a police officer, lawyer, friend or family member apply for you
- apply for a domestic violence order yourself.
Regardless of who applies, the court makes an order with the conditions it considers appropriate and the police enforce the order in the same way.
How to apply yourself
If you apply yourself, you can choose from these options:
- complete online Form DV01 - Application for a protection order on your computer
- complete the interactive PDF Form DV01 - Application for a protection order on your computer
- print the PDF and complete it by hand
- go to your nearest Magistrates Court and complete the form there.
Download the Form DV01A - Guide to completing an application for a protection order for more assistance.
If you don’t have enough space on the form, write or type more information on a separate sheet of paper and attach it to your form.
Once you’ve completed the form:
- sign the statutory declaration in front of a Justice of the Peace (JP) or Commissioner for Declarations (CDec)
- file the application at a Magistrates Court in Queensland, by post or in person.
Most Magistrates Courts have JPs, so you can probably sign the statutory declaration and file the application in one visit. Otherwise, search for your nearest JP or Cdec.
Information to include
Answer all the questions on the form and include as much information as possible, including what domestic violence has happened or been threatened, and when and where it occurred.
Try to provide as much detail as you can and, when describing what the respondent has said to you, try to use their words as you remember them. You can attached extra pages to your application.
The form will ask if you want your children named on the protection order so that, if the order is made, they will be protected by the order conditions. List any of your children, including unborn children and/or children who spend time at your home regularly.
If the magistrate decides the respondent has committed domestic violence against you, they will consider naming any children on the order even if you haven’t selected that you want them named.
Difficulty completing the form
If you have any queries or problems with the form, contact your nearest courthouse to find out what support services may be able to assist, including if you need an interpreter. Also note this on the application.
Note: The court cannot help you complete, or answer questions about, the form. It can only provide information about support services.
There is no cost to apply for a DVO.
After you apply
Once you lodge the application, police serve the respondent with a copy of the application so they know what’s been said and can respond in court.
When you lodge the application, you’ll receive a court date. See the court process for applicants.
A cross application is where both parties apply for DVOs against each other.
If you think the respondent has made an application against you (or is planning to), tell the court when you lodge your form and the court will try to hear both matters together.
Orders from another state or territory
If you have an active DVO which was issued in another Australian state or territory, and if 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 make an application, 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 only need to complete a DV4A – Application to vary a recognised interstate order . The respondent will be provided 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.
Registering an order from New Zealand
If you have a DVO in New Zealand, you don’t need to apply for protection here. However you will need to register your order in Queensland.
To register your order, complete a Form DV14A - Application to register New Zealand order in Queensland and file it at any Magistrates Court. The respondent won’t be told about the Queensland registration unless you agree to it in writing.