Applying for a Domestic Violence Order (DVO) is free and does not require a lawyer, but understanding the process beforehand can make it significantly less stressful. This guide explains the step-by-step process for applying for a protection order, including what forms to complete, what to expect in court, and where to get help along the way.
If you are in immediate danger, call Triple Zero (000). For crisis support, call DV Connect on 1800 811 811 or 1800 RESPECT on 1800 737 732, available 24 hours a day, 7 days a week.
Who Can Apply for a DVO?
Under the Domestic and Family Violence Protection Act 2012 (Qld) (the DFVP Act), the following people can apply for a protection order:
- The aggrieved person themselves
- A police officer
- An authorised person, meaning someone the aggrieved has given written permission to apply on their behalf, such as a domestic violence support worker or refuge worker
- A person acting on behalf of the aggrieved, such as a guardian or an attorney under an enduring power of attorney
There is no cost to file a DVO application.
Step 1: Get Legal Advice and Support
Before you begin the application process, it is strongly recommended that you seek legal advice. A domestic violence lawyer or Legal Aid Queensland can help you understand what to include in your application and what type of order to seek. Many courts also have domestic violence duty lawyers available on hearing days.
You may also find it helpful to contact a domestic violence support service before you apply. Workers at these services have experience helping people through the court process and can accompany you to court if needed.
Useful contacts include:
- Legal Aid Queensland — free legal information and possible representation for eligible people
- Women’s Legal Service Queensland — free legal advice for women
- DV Connect — 1800 811 811 (24/7 support and housing)
Step 2: Complete the Application Form
To apply for a protection order, you must complete Form DV01 — Application for a Protection Order. This form is available:
- Online at the Queensland Courts website (courts.qld.gov.au)
- From your local Magistrates Court
- From a Queensland Police Station
A guide to completing the form, called Form DV01A, is also available from the Queensland Courts website and is highly recommended reading before you start.
What to Include in Your Application
The application includes a statutory declaration in which you describe the domestic violence you have experienced. This is the most important part of your application. When completing it, you should:
- Describe specific incidents of domestic violence, including what happened, when it happened, and where it happened
- Use direct language to describe what was said or done, including the respondent’s words where you can remember them
- Include both recent incidents and any pattern of behaviour over time
- If you cannot remember exact dates, provide approximate ones, for example “on or around June 2024” or “in the weeks after our son’s birthday”
- Describe the impact the violence has had on you, your children, or others
Be as detailed and specific as possible. Vague descriptions are less persuasive to a Magistrate than specific, concrete accounts of what occurred.
Requesting Specific Conditions
The application also asks you to indicate what conditions you want placed on the order. Think carefully about what protection you need. For example, do you need the respondent to be excluded from your home? Do you need children named on the order? Do you need the respondent prohibited from contacting you at work? A lawyer can help you identify the most appropriate conditions for your circumstances.
The statutory declaration must be witnessed by a Justice of the Peace or Commissioner for Declarations before you file the application. Most Magistrates Courts have a Justice of the Peace available, so you may be able to complete and file the application in the same visit.
Step 3: File the Application
Once completed and witnessed, file the application at a Magistrates Court. You can file:
- In person at your local Magistrates Court
- By post
- In some limited circumstances, by email (contact the court to confirm whether this applies to your matter)
When you lodge the application, you will be given a court date. This will be your first mention date.
Step 4: Service on the Respondent
After you file the application, the court will arrange for the Queensland Police Service to serve the respondent, meaning they will be given a copy of your application and notified of the court date. You do not need to contact the respondent yourself.
If the respondent cannot be located to be served, the court may adjourn the matter to a later date. In the meantime, you may be granted a Temporary Protection Order.
Step 5: Your First Court Appearance
On your court date, your matter will be listed as a “mention.” This is an initial appearance, not usually a full hearing. Several things can happen at the first mention:
If the respondent does not appear: The court may grant a Temporary Protection Order and adjourn the matter to a new date, allowing more time for service or for the respondent to engage with the process.
If both parties appear and agree: The Magistrate may make a final DVO by consent, with or without admissions from the respondent, on the day.
If the matter is contested: The Magistrate will set the matter down for a full hearing on a later date. A Temporary Protection Order will usually be granted to protect you in the meantime.
You do not need to speak directly with the respondent at court. Let court staff know if you have any safety concerns when you arrive. Separate waiting areas can be arranged for DVO matters.
Step 6: The Contested Hearing (If Applicable)
If the respondent contests the application, a full hearing will be listed. At a contested hearing:
- You will give evidence describing the domestic violence you have experienced
- You may call witnesses to support your account
- The respondent, or their lawyer, will have the opportunity to ask you questions
- The respondent will also give evidence and may call their own witnesses
- The Magistrate will decide whether to make a final DVO and, if so, on what conditions
Contested hearings can take a full day or longer. If you are a victim of domestic violence, you are automatically treated as a “special witness” under the Evidence Act 1977 (Qld), which means additional protections are available to reduce the trauma of giving evidence. Your lawyer can request these arrangements on your behalf.
What If You Need Urgent Protection Before the Hearing?
If you are in immediate danger and cannot wait for a court hearing, you can:
- Call police — police can issue a Police Protection Notice at the scene of a domestic violence incident, which can bar the respondent from your home or from contacting you immediately
- Contact the Magistrates Court — courts can deal with urgent applications for Temporary Protection Orders, sometimes on the same day
If a police officer reasonably believes domestic violence has occurred, they are required to investigate and consider taking protective action.
If You Are Not Happy With the Outcome
If you disagree with a decision made by a Magistrate, for example if your application was dismissed or if the conditions on the order are not adequate, you can appeal the decision to the District Court. An appeal must be filed within 28 days of the Magistrate’s decision. Seek legal advice before filing an appeal.
Privacy and Publication Restrictions
There are restrictions on publishing any information about domestic violence court proceedings. This protects the privacy and safety of all parties, including the aggrieved and any children involved. Anyone who publishes information about proceedings without authorisation may commit an offence.
Speak With a Domestic Violence Lawyer Today
Applying for a DVO is one of the most important steps you can take to protect yourself and your family. Having an experienced lawyer guide you through the process means your application is prepared thoroughly, the right conditions are sought, and you are never alone at court.
At Simonidis Steel Lawyers, we have helped many people through the DVO process with the care, clarity, and expertise the situation demands. We offer a free 30-minute consultation with no obligation. Call us on (07) 3229 3339 or visit simsteel.com.au to get started.
This article is general information only and does not constitute legal advice. If you need advice specific to your circumstances, contact Simonidis Steel Lawyers for a confidential discussion with an experienced domestic violence lawyer.
