Preparing for your court day
Be prepared to wait for your turn in court, as multiple matters are often scheduled on the same day.
It’s a good idea to set aside the whole day for your matter.
Courthouses do not have childminding facilities, and children should not be in the courtroom. Make childcare arrangements in advance if possible.
Being represented at court
If the police apply for a protection order for you, they will stand up in court and explain why it’s needed. You can also speak in court about the application if you want to, but you don’t have to.
Some courthouses have duty lawyers who might be able to help you in court. It’s a good idea to check with your courthouse to see if a duty lawyer will be there on your court date.
You may also be able to get help from a lawyer funded by Legal Aid, or you can hire your own lawyer.
If you have a lawyer, they will speak for you in court. If not, you can choose to represent yourself.
Free legal support is available through Legal Aid Queensland or Community Legal Centres.
What to expect at court
When going to court for a DVO you and the respondent will need to go to court at the same time. The court will be closed, meaning only you, the respondent, your lawyers, and, if the police made the application, a police prosecutor will be in the room.
You can bring a support person with you to the courthouse, however you will need to apply to the court for them to be present in the courtroom.
Most people attend court more than once before obtaining a final protection order.
Safety in the courtroom
The respondent has a right to appear in the courtroom, which you may find difficult.
Note: The respondent must not ask you questions directly; they must do so through a lawyer.
What can happen at court:
- Agree to the order: The respondent might agree to the protection order, and the court can make the order right away.
- Respondent doesn’t attend court: If the respondent doesn’t come to the court hearing, the court can make a protection order without them. This order will apply to the respondent once Queensland police give the respondent a copy of the order.
- Adjourn application and Temporary Protection Order: The court might postpone the application to another day (adjourn). If this happens, you can request a temporary protection order be issued. This temporary order will stay active until your case is finished or the court decides to change it.
- Respondent disagrees with the order: If the respondent disagrees with the protection order, they can ask for a hearing date.
Different types of events:
- Mention: A mention is a short court appearance, and it is usually your first appearance in court. It is used to manage and progress your matter. Depending on the circumstances, you may be able to finalise your matter at the mention.
- At the mention, the magistrate may ask questions about your application. Both you (the ‘aggrieved’) and the respondent can present your cases.
- If you and the respondent both appear at the mention and agree on the order, the court may make a protection order (domestic violence order) then.
- If you both appear but disagree on the order, the court may set a date for another court appearance (a hearing).
- If the respondent doesn’t appear at the mention and has received copy of your application, the court can make a final order without them.
- Review: A review usually happens before a hearing. It is a chance to make sure everything needed for the hearing has been done, like following the court’s directions and submitting any evidence.
- Hearing: A hearing is when both sides involved in the domestic violence application can speak and present evidence. The court listens to both parties before deciding whether to make a protection order.
- If you have a representative, they will come to the hearing. Otherwise the magistrate will talk you through the process if you are representing yourself.
- Explain what has happened and provide any evidence you can to prove the behaviours you describe. Also bring any witnesses who can give evidence for you.
If your application goes to a hearing:
- Time: The hearing might take the whole day. Make sure you organise childcare, if needed, so you can stay for the entire hearing.
- Evidence: Both you and the respondent will be able to have your say and give evidence, like written statements that have been sworn under oath. You can also ask other people to be witnesses and give evidence.
- Special Witness: You can apply to be treated as a “protected person.” If this is granted, you might be able to give your evidence in a less stressful way, like from another room or through a video link, instead of being in the courtroom.
If a Domestic Violence Order is made
Every DVO includes standard rules that the respondent must follow.
The respondent must be of good behaviour and not commit any domestic violence against you, and cannot get someone else to do something that would be domestic violence if the respondent did the action themselves.
You can ask for more conditions to be added, such as being of good behaviour towards children or not following or approaching you.
You should put your request for extra conditions on your domestic violence application, but you can also ask for these conditions in the courtroom.
How to apply to change a Domestic Violence Order
If things change, anyone listed on the Domestic Violence Order, including you, the respondent or anyone named on the order, can ask to change it. This could mean changing the conditions, the time it lasts, or the people included in the order.
Read more about making changes to a domestic violence order .
Appealing a decision
If you don’t agree with the court’s decision about your application for a DVO, you can appeal it. This includes cases where your application is dismissed or if you’re unhappy with the conditions the court has set.
You must file your appeal at the District Court of Queensland within 28 days of the decision.
It’s important to get legal advice before appealing. A lawyer can help you understand the process, your rights, and how likely your appeal is to succeed.
