Applications for
Domestic Violence Orders

There are two types of DVOs in Queensland:

1. Temporary Protection Orders (TPOs)
   • These are short-term orders granted before a final hearing to provide immediate protection.
   • A magistrate may issue a TPO without notifying the respondent, particularly if there is an urgent safety risk.
   • A police officer can also apply for an urgent TPO outside of court hours.
2. Final Protection Orders
   A final DVO is made after a full court hearing where both parties can present their case.
   The standard duration is five years, but the court can vary this depending on the circumstances.
   The respondent does not receive a criminal record unless they breach the order.

Under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence includes:

• Physical abuse – Hitting, punching, pushing, strangulation, or any form of physical harm.
• Emotional or psychological abuse – Intimidation, threats, humiliation, or controlling behaviour.
• Verbal abuse – Threats of harm, constant put-downs, or harassment.
• Financial abuse – Controlling a partner’s money or preventing access to financial resources.
• Coercive control – Monitoring a partner’s movements, isolating them from friends and family, or restricting their autonomy.
• Property damage – Deliberate destruction of the aggrieved’s personal property.

The law does not require physical violence for a DVO to be issued. Emotional, psychological, and financial abuse are also recognised forms of domestic violence.

A DVO can be applied for by:

• The aggrieved – The person who claims to be experiencing domestic violence.
• A police officer – Police frequently apply for DVOs on behalf of victims, especially after domestic violence-related incidents.
• A guardian, relative, or support person – If the aggrieved is unable to apply on their own, a family member or friend can apply with court approval.

A DVO can be made against:

• A spouse or former spouse
• A de facto partner or ex-partner
• A parent or child
• A relative (e.g., sibling, grandparent, or other family member)
• A carer or household member

The mandatory condition on any DVO in Queensland is that the respondent must be of good behaviour and not commit acts of domestic violence against the aggrieved.

A DVO can however include a range of conditions, depending on the severity of the allegations. Common conditions include:

• No contact – Prohibiting direct or indirect contact with the aggrieved, including via phone, text, email, or social media.
• Exclusion from locations – Restricting the respondent from visiting the aggrieved’s home, workplace, or other designated areas.
• Surrender of firearms or weapons – The respondent will be required to surrender any weapons or lose their firearms licence.
• Prohibition on third-party contact – Preventing the respondent from using family members or friends to communicate with the aggrieved.
• Ouster conditions – Requiring the respondent to leave a shared home, even if they legally own or lease the property.

The conditions vary depending on the circumstances of the case, and the court may impose additional restrictions if deemed necessary.

Breaching a DVO is a criminal offence under Queensland law. If a respondent fails to comply with the conditions of an order, they can face:

• Fines of up to $15,480 (100 penalty units)
• Imprisonment of up to three years (or five years for repeat breaches)

Police take breaches of DVOs extremely seriously, and courts impose harsh penalties for violations.

If you have been served with a DVO, it is crucial to seek immediate legal advice. A DVO can have significant consequences, including:

• Impact on child custody and parenting arrangements
• Restrictions on where you can live and work
• Loss of a firearms licence
• Criminal charges if the order is breached

At Rawlings McShane Lawyers, we can help you:

• Defend against a DVO application – If the allegations are false or lack evidence, we can contest the order in court.
• Negotiate the conditions – We can work to ensure any restrictions imposed are fair and do not unfairly impact your life.
• Defend breach allegations – If you’ve been accused of breaching a DVO, we provide expert defence strategies.