How can a Domestic Violence Order Help Me?
If you or someone you know has suffered from domestic or family violence, a Domestic Violence Order (“DVO”), also known as a protection order, may help protect you or the person in need of protection from future harm.
A DVO is made by a Court and will order the other party to not commit domestic violence, and to be of good behaviour towards you. You can also request certain conditions be included in the DVO to fit your situation, such as stopping the person from:
- Attending your home or workplace;
- Approaching other persons named in the order;
- Attending a child’s daycare centre or school; or
- Contacting you or another person on the Order.
You should consult with your family lawyer to ensure your Application is sufficient to protect you and others you wish to be named on the Order.
A DVO does not go on the person’s criminal record, however, if they breach any of the conditions attached to it, they may face up to 3 years jail time.
What is the Application Process?
The police will take an order out on your behalf if they are called to attend, if there have been acts of domestic violence, and they see it fit to make an application. Otherwise, you can make an application yourself through Court by attending the Magistrates Registry, or through a family law solicitor.
You will need to complete an Application for a Protection Order (Form DV01).
You can complete this Online;
- By printing the PDF version on the Queensland Courts website and filling it out by hand; or
- Attending your nearest Magistrates Court and filling it out at the Registry.
What Happens After I file the Application?
Once you file the Application, you and the other party will attend Court for a mention. If the other person agrees to the conditions under the DVO, the Order will be made. If the other person does not agree to the conditions, the matter may result in a hearing. If the other person does not attend the mention, the Court has the power to make the DVO against them regardless.
The DVO will last for a minimum of 5 years and may extend to a time that is necessary to protect you or the persons named on the Order. If you believe you or another person has suffered from and is at further risk of, domestic and family violence, contact your family law solicitor to discuss how they can assist you in filing a DVO.