If you’re named on a Queensland or interstate domestic violence order (DVO), you can apply to change it if your circumstances change.
This process, called an application to vary a domestic violence order, can be started by anyone named on the order, including the aggrieved, the respondent, or a named person.
You can request changes even if a police officer applied for the original order.
The court will review your application and decide whether to approve the changes, prioritising the safety and wellbeing of those affected.
Types of changes you can request
You can ask the court to change any aspect of the DVO, including, for example:
- add or remove conditions
- add or remove named people (e.g. children, relatives, or associates)
- extend or reduce the time the order is in force.
Who can apply to change an order
These people can apply to change a DVO:
- the aggrieved (the person the order protects)
- the respondent (the person the order is against)
- a police officer (if the police applied for the order)
- a named person (e.g. a relative or associate listed on the order).
- someone chosen by the aggrieved to act for them (authorised by the aggrieved).
Special rules for named people
If you’re a named person, you can only ask to change the parts of the order that affect you. For example, you might ask to:
- change or remove conditions that involve you
- stop the order from including you.
Authorising someone to apply on your behalf
If you’re the aggrieved, you can let someone else apply to change the order for you.
How to apply to change an order
To apply for changes to a current Queensland DVO:
Complete Form DV4 - Application to vary a domestic violence order
Add extra information (if needed)
If you run out of space on the form, write extra details on a separate sheet and attach it to your form.
Have your signature witnessed
A Justice of the Peace (JP) or Commissioner for Declarations (CDec) must witness your signature on the declaration section of the form.
If you have filled out the application form online, you will need to print the online application and sign it in front of a JP or CDec.
File your application
Submit your completed application at a Magistrates Court. You can file it:
- in person
- by post
- by email (in limited
circumstances—read
more).
You’ll need to know when and where the current order was made (check the order for details).
If you don’t have a copy of the order you can contact the Magistrates Court for the details.
If the order was made interstate
If the current DVO was made in another state or territory and you want to request changes:
- Have your signature witnessed
A Justice of the Peace (JP) or Commissioner for Declarations (CDec) must witness your signature on the declaration section of the form.
If you have filled out the application form online, you will need to print the online application and sign it in front of a JPor CDec.
- File your application
Submit the completed form at a Magistrates Court in person or by post.
Domestic violence orders made in Australia on or after 25 November 2017 are automatically recognised across the country.
If your interstate order was made before 25 November 2017, tick "yes" in parts 5A and 5B to apply for it to be a recognised order.
No fee
There is no cost to change your Domestic Violence Order.
What happens after you apply
The police will be informed of all applications to change domestic violence orders and will deliver (serve) the application to vary to the other parties involved.
If the police applied for the original order, they will attend court to let the court know whether they agree with the changes or not.
If you are the aggrieved and the police applied for the original order, you can ask them to make the changes for you, or you can apply yourself.
The court will consider what both you, the parties and the police have to say before making a decision.
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. Make childcare arrangements in advance if possible.
If the court approves or denies changes
If the court approves the requested changes
If the court approves your application, a varied DVO will be issued.
Everyone named in the order will get a copy of it. Please read the updated order carefully to ensure you understand your rights and responsibilities.
If you have any concerns or questions about the varied order, you can contact the Magistrates Court or seek legal advice.
If the court denies the requested changes
If the court refuses your request to change the order, the current DVO will stay the same.
You may still be able to reapply in the future if your situation changes.
If you're not sure why the court refused your request to change the order, speak to a lawyer.
Impact on weapons licences
If you’re the respondent and your weapons licence was cancelled due to the DVO, you cannot get your licence back for five years.
This restriction applies even if the court shortens the order’s duration.
More information
