How to apply for a protection order?

 

Step 1: fill in the From DV1

An application for a protection order (Form DV1) can be located from the local Magistrates Court, police station or online from the website: https://www.courts.qld.gov.au/going-to-court/domestic-violence. 

Make sure the statutory declaration is signed front of a Justice of the Peace (JP) or Commissioner for Declarations (CDec). Most Magistrate courts have JPs available who can witness signatures. 

Step 2: include as much information of the domestic violence as possible

 It is helpful to the court to include as much detail as possible, which may include:

• • • The type of violence;
    • When it happened or how often it happened;
    • Where it happened;
    • What happened;
    • How it happened;
    • Who was there; and
    • Any injuries suffered.

It is important to try and attach the following documents as forms of evidence to the application:

• • •  Photos of any injuries taken at the time the domestic violence happened;
    • Photos of any injuries taken later when they are more visible;
    • Statements from people who saw or heard the domestic violence or who are aware of the domestic violence over a period of time;
    • Diary entries made about the domestic violence;
    • Doctors’ reports;
    • Other court orders, e.g. other domestic violence orders or family law orders;
    • Reports from any counsellors;
    • Phone call logs of calls made to a phone by the respondent; and
    • All text and voicemail messages, emails, letters and social media entries (printed out with dates).

To place yourself in the position of a court, below is a summary of what factors the court considers under the DVFP Act when granting a protection order: 

1. You are in a relationship covered by the DFVP Act

The relationship must fall within any of the following categories:[9]

• • • • An intimate, personal relationship. This means a current or former spouse, a parent of a child together, an engaged couple or couples who are living or have lived together;[10]
      • A family relationship. This means that the aggrieved is related to the respondent by blood or marriage;[11] or
      • An informal care relationship. This can exist where one person is dependent on the other person for aspects of daily living but not applicable whereby the carer is paid (excluding government payments) by the applicant.[12]

2. Domestic violence has occurred

Domestic violence means behaviour that:[14]

1. 1. 1. 1. Is physically or sexually abusive; 
         2. Is emotionally or psychologically abusive; 
         3. Is economically abusive; or 
         4. Is threatening; 
         5. Is coercive; or 
         6. In any other way controls or dominates the aggrieved and causes the aggrieved to fear for their safety or wellbeing or that of someone else.

The behaviours listed above:

• • • • May occur over a period of time; 
      • May be more than 1 act, or a series of acts, that when considered cumulatively, constitutes DV; and
      • Is to be considered in the context of the relationship as a whole.[15]

Note that a person who counsels or encourages someone else to engage in the above behaviour that is regarded to have engaged in domestic violence.[16]

3. The protection order is necessary or desirable to protect the aggrieved from domestic violence

Here, the court will look at the need for protection against the risk of future domestic violence, provided that the DV is real and continuing.

This assessment will depend on the particular facts of the case. The court will examine factors such as:

• • • • Evidence of past domestic violence and conduct;
      • Genuine remorse of the respondent;
      • Rehabilitation including counselling;
      • Medical treatment;
      • Compliance with any temporary protection orders; and
      • Changes of circumstances (such as parties separating or one party relocating to another place).

These three conditions must all be satisfied for the court to make a DV order.

More information can be found by visiting: 

DV – Guide to completing an application for a protection order (courts.qld.gov.au)

Step 3: file the application for the protection order at the Magistrates Court

  An application must be in the official form (DV1) and should be filed in a Magistrates Court.[18] The aggrieved or the aggrieved’s solicitor can file the application. It can also be filed via post. In some rare circumstances, the application can be filed via email. Learn more about electronically filing an application by visiting: Electronically filed domestic and family violence documents | Queensland Courts.

There is no filing fee attached to this process. 

Step 4: serving the sealed application 

Once the application is filed, a date for the hearing of the application will be provided immediately.[19] The clerk of the court will arrange for the police to serve (deliver) a copy of the application and any temporary order on the respondent.

The nearest police station can also inform the aggrieved on whether the application has been served on the respondent. Even if the application has not been served, the aggrieved will still have to go to court.

The respondent will receive a copy of the full application and attachments. If the aggrieved wishes to keep the address on the application form private from the respondent, the following form needs to be filed along with the DV order application: Form DV0IC – Aggrieved details form (version 2 – published on 17 July 2023) (courts.qld.gov.au)

If there are concerns about immediate safety, the aggrieved can ask the court to consider making an urgent ‘temporary protection order’. If the circumstances are urgent, the DV order application can be quickly listed to go before a magistrate. This can happen even if the application has not yet been served on the respondent. Make sure the box for a temporary protection order is ticked. 

Step 5: carefully read the conditions of the order once it has been made

When making an order, the court has wide discretion, and an order could prevent the respondent from:

• • Approaching the aggrieved or a named person at a home or workplace; 
  • Staying in a home the respondent and aggrieved used to share;
  • Approaching another person, relatives or their friends, if named in the order, within a certain distance; 
  • Going to a named child’s school or place of education/childcare; or
  • Breaching the court order. 

On top of these restrictions, there are certain conditions that must be included in all protection orders. These ‘standard conditions’ require the respondent to:

• • be of good behaviour to the aggrieved and any named persons;
  • not commit domestic towards the aggrieved or any named persons; and 
  • if a child is named, not expose the child to any forms of domestic violence.[20]

An order can continue for any period of time that the court thinks is necessary. If the time period is not expressly stated in the order, the period will continue for five years from when the order is made, however the court has discretion here.[21]

A protection order can protect both the aggrieved and other people who have been affected by the violence. A person included on the order is called a ‘named person’ and the conditions that apply to protect the aggrieved will apply to the named person. People who can be named and protected on the order include:

• • A child;
  • A child who usually lives or spends time with the aggrived on a regular basis;
  • A relative of the aggrieved; and
  • An associated person of the aggrieved, such as a new partner, colleague or friend.[22]

Note that the court is required to consider naming a child or children on a protection order[23] even if the parties have not requested that the child or children be named, or if the respondent does not provide consent.

For more information, please visit our website: apply for a protection order