Domestic violence is a serious issue that affects individuals and families in profound ways. In Queensland, a Domestic Violence Protection Order (DVPO) provides legal protection for those experiencing domestic violence.
Understanding how to apply for a DVPO and what the process entails can help you take the necessary steps to ensure your safety.
This guide covers everything you need to know, from the application process to what happens if the order is breached.
What Is a Domestic Violence Protection Order?
A Domestic Violence Protection Order, commonly called a restraining order, is a legal order issued by a Magistrates Court. It aims to protect individuals (referred to as the “aggrieved”) and their children from domestic violence by placing conditions on the behaviour of the person committing violence (the “respondent”).
A DVPO can include conditions such as:
- Prohibiting the respondent from contacting or approaching the aggrieved.
- Restricting the respondent from going near specific locations, such as the aggrieved’s home or workplace.
- Preventing the respondent from committing any further acts of domestic violence.
What Constitutes Domestic Violence?
Under the Domestic and Family Violence Protection Act 2012, domestic violence includes behaviours that are:
- Physically abusive: Hitting, kicking, or restraining.
- Emotionally abusive: Intimidation, manipulation, or threats.
- Economically abusive: Controlling finances or denying access to money.
- Sexually abusive: Any unwanted sexual activity.
- Stalking or harassing: Repeatedly following, watching, or contacting the aggrieved.
- Coercive or controlling: Dictating who the aggrieved can see, where they can go, or how they should act.
This behaviour can occur in various relationships, including spouses, de facto partners, family members, or carers.
Who Can Apply for a DVPO?
You can apply for a DVPO if:
- You are in a relevant relationship with the respondent (spousal, familial, or informal care).
- You have experienced domestic violence, as defined above.
- The respondent lives in Queensland or the violence occurred in Queensland.
Can minors apply for a DVPO?
- Generally, those under 18 cannot apply unless the relationship involves informal care. However, parents or guardians and the police can apply on their behalf.
Steps to Obtain a Domestic Violence Protection Order
The process for applying for a DVPO involves several steps:
1. Complete the Application
Obtain and complete Form DV1: Application for a Protection Order, available from your local Magistrates Court or the Queensland Courts website. Provide detailed information about your relationship with the respondent, incidents of violence, and why you need protection.
2. File the Application
File the completed form with your local Magistrates Court. There is no filing fee for a DVPO application. If you are in immediate danger, ask the police to assist with filing or apply for a temporary protection order.
3. Attend the First Court Mention
The court will schedule a first mention, where a magistrate reviews the application. A temporary protection order may be granted if immediate protection is required. The respondent will be served with the application and notified of the court date.
4. Prepare for the Hearing
If the respondent contests the application, the matter may proceed to a hearing. Both parties can present evidence, call witnesses, and make their case. Evidence may include:
- Photos of injuries or property damage.
- Text messages, emails, or call logs.
- Police reports or medical records.
- Witness statements.
Having legal representation can strengthen your case and ensure your rights are protected.
5. Final Order Issued
If the court determines that domestic violence occurred and a protection order is necessary, a final DVPO is issued. These orders typically last five years, though the court may specify a different duration.
What If You Need Immediate Protection?
If you are in immediate danger, you can:
- Apply for a temporary protection order, which provides short-term safety until the final hearing.
- Contact the police, who can issue a Police Protection Notice (PPN). This notice acts as a temporary order and ensures immediate safety.
How Can a Lawyer Help?
Navigating the legal process can be overwhelming, particularly in emotionally charged situations. A family lawyer can:
- Explain your rights and options.
- Assist with completing and filing your application.
- Represent you in court hearings.
- Help you gather evidence to strengthen your case.
- Advocate for a protection order tailored to your specific needs.
Engaging a lawyer ensures the process is handled professionally, giving you peace of mind.
What Happens If the Respondent Breaches the Order?
Breaching a DVPO is a criminal offence in Queensland. If the respondent violates the order:
- Report the breach to the police immediately.
- Provide any evidence of the breach (e.g., screenshots, call logs, or witness statements).
Penalties for breaching a DVPO can include:
- Fines.
- Imprisonment.
- Additional legal consequences, depending on the severity of the breach.
What Are Your Options for Support?
Applying for a DVPO can feel daunting, but you don’t have to face it alone. Reach out to support organisations such as:
- DV Connect: 1800 811 811.
- Domestic Violence Action Centre (DVAC): Provides counselling, court support, and safety planning.
- Legal Aid Queensland: Offers free or low-cost legal assistance for eligible individuals.
Taking Steps Towards Safety
Obtaining a Domestic Violence Protection Order in Brisbane is a vital step in safeguarding yourself and your loved ones from harm. While the process may seem challenging, the legal protections it provides are invaluable.
At Simonidis Steel Lawyers, we are committed to guiding you through this journey with professionalism, empathy, and expertise. Whether you need assistance with filing your application, preparing for court, or understanding your legal rights, our family law team is here to help.
Contact us today to schedule a consultation and take the first step towards securing the protection and peace of mind you deserve.
