If someone files an application for a domestic violence order (DVO) against you, you’re called the ‘respondent’.
This page explains how to respond to a DVO application, what happens in court, and the conditions of an order.
It also covers penalties for breaching a DVO and how to request changes to an order.
Understanding your rights and responsibilities is important. Seeking legal advice can help you navigate the process.
When a DVO application is filed
If someone (the ‘aggrieved’) has applied for a DVO against you, you’ll be called ‘the respondent’ on the application and in court.
A police officer will give you a copy of the application, which includes:
- the allegations made by the aggrieved (the person seeking protection) against you
- the date and time you need to attend court.
It’s important you go to court, and you have the support and information you need to understand the process. Ask lots of questions to understand what the process will be and what your options are.
If you don’t go to court, a domestic violence order can be made without you getting to have your say.
Types of DVOs
- Protection Order—usually lasts for five years, unless the court sets a different end date.
- Temporary Protection Order—gives protection to the aggrieved until the court decides on your domestic violence application.
Safety arrangements
If you feel unsafe arriving at court, being in court, or leaving court, fill out Part A of a Court Safety Form .
You can complete this form at any time during the court process if something happens that makes you worry about your safety at court.
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 don’t have childminding facilities. Make childcare arrangements in advance if possible.
What to expect at court
When going to court for a DVO application, you and the applicant (the aggrieved and/or the police) will need to go to court at the same time. The court will be closed, meaning only you, the aggrieved, your lawyers, and a police prosecutor (if the police made the application) will be in the room.
You can bring a support person with you to the courthouse; and apply to the court for them to be present in the courtroom.
What can happen at court:
- Agree to the order: You can agree to the order even if you don’t admit to the allegations
- Adjourn the application and make a Temporary Protection Order: The magistrate might postpone the application to another day (adjourn).
If this happens, the magistrate might issue a Temporary Protection Order with conditions that you must follow. If you don’t follow these conditions, you could face criminal charges.
- Respondent disagrees with the order: If you disagree with the protection order, you 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.
- 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 your application goes to a hearing:
If you disagree with the protection order application, the court will set a hearing date.
You may need to attend court multiple times. Most people attend court more than once before obtaining a final protection order.
At the 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: You can present evidence to the court like a statement that you have written or you can provide statements from other people. All statements must be sworn under oath in front of a Justice of the Peace. You can also ask other people to be witnesses and give evidence.
- Court’s Decision: The court will look at all the evidence and decide whether to make a DVO.
If you miss court
It’s important to attend court so you can have your say. If you miss your court date, the court can make a temporary or full protection order in your absence.
If a DVO is made
How you will receive a copy of the DVO
If a DVO is made against you, you will get it in one of the following ways:
Situation | What happens |
You’re in court when the DVO is made | The registry can give you a copy on the day, or if you don’t want to wait, they can post it to you. |
You’re not in court when the DVO is made | A police officer will deliver a copy to you. |
You’re unsure if a DVO is in force | You can contact the police or courthouse to confirm. |
DVO conditions
Every Domestic Violence Order includes standard rules that you must follow.
You must be of good behaviour and not commit any domestic violence against the aggrieved, and you can’t get someone else to do something that would be domestic violence if you did the action yourself.
The court might also add other conditions to the order.
It’s important to follow all the conditions of your order. If you don’t, you are committing a criminal offence and you could face criminal charges.
If you’re ordered to leave your home
The court can add an ‘ouster’ condition to a Domestic Violence Order, which means you must leave the home you share with the aggrieved, even if it’s rented in your name or you own it.
The court might ask for your opinion, but it can still make the order even if you don’t agree.
If you’re told to leave, you may be able to return with a police officer to collect your personal items.
Intervention orders
If you agree, the court can make an intervention order. This order might require you to attend a domestic violence program or go to counselling. This could help you change your behaviour and prevent future domestic violence.
You can review a list of the contact details of Queensland Government approved providers and the intervention programs they provide.
Weapons licence
If you have a weapons licence, a temporary protection order will suspend it, and a final protection order will cancel it.
You must hand over all weapons and licences to the police within one day of getting the order.
You also can’t apply for a new weapons licence for five years from the date of the order.
If this affects your employment or raises other concerns, seek legal advice.
Penalties for disobeying an order
A DVO won’t go on your criminal record, but breaching it is a criminal offence. The penalties can be:
- Up to three years in jail for a first breach
- Up to five years in jail for a second breach within five years.
