You can apply to your local Magistrates Court for a Domestic Violence Order (DVO) under the Domestic and Family Violence Protection Act 2012 (Qld) with the assistance of a Domestic Violence lawyer.
In Queensland, an Application for a DVO can be lodged either by the Aggrieved (or their Domestic Violence lawyer), or by police on behalf of the Aggrieved.
Applying for a DVO
1. Prepare the Application
To apply for a DVO, you need to lodge a Form DV01, which you can download online from the Queensland Courts website or complete at your local Magistrates Court.
When preparing the Application, it is important that you read each section carefully, ensuring that you have provided the required information. The definition of what constitutes an act of domestic violence is very extensive. It is important to understand what evidence you must present to meet that definition. You will need to explain what conditions you would want to include in a DVO and outline the evidence you rely on to support those conditions. It is important your application is clear, cohesive and persuasive. Engaging a solicitor to draft the application can be very beneficial. You will seldom get the opportunity to contract what you really meant to say.
If you have documents, you will be relying on, attach them to your Application. These might include copies of any prior domestic violence orders, photographs of injuries, screenshots of text messages and telephone call logs, or bank statements.
2. Lodge the Application
You can lodge the Form DV01 at your local Magistrates Court. There are no fees for lodgment.
At the time of lodgment, draw to the attention of staff any concerns you may have about attending court, as they will then be able to advise you what options are available to you (e.g. appearing by telephone).
When it has been lodged, the Application will need to be served on the Respondent. The police will arrange to serve this for you.
3. Attend the Hearing
When your Application is lodged, it will be allocated a date and time for hearing.
It is important that you are in attendance at the hearing, as the Magistrate may dismiss the Application in your absence.
Police Involvement:
1. Investigation
When police are involved in the matter, they are able to lodge an Application on behalf of the Aggrieved, provided the case meets the eligibility criteria.
The police have a duty to investigate domestic violence when it is reported to them and they may conduct a record of interview, obtain statements from parties, collate evidence (e.g. photographs of injuries, screenshots of text messages and telephone call logs), and assess whether there is a risk to you and your safety and security.
If you are not in immediate danger, you can contact Policelink on 131 444 or otherwise attend your local police station.
2. Police Protection Notice
Where the Aggrieved is in immediate danger, the police may issue a Police Protection Notice (PPN), which operates in the same way as a Temporary Protection Order, by outlining conditions which the Respondent is required to comply with in the interim, until such time that the Magistrates Court is able to hear the matter.
It affords protection to the Aggrieved immediately.
3. Application for a DVO
The police will then file an Application on your behalf, naming them as the Applicant, which is lodged at your local Magistrates Court.
The police will appear on your behalf and argue your case for you. You are required to attend court, and it is in your interests to provide police with as much evidence as is available, so that they then are able to establish that a DVO is necessary and desirable for your protection.
If it is, the Magistrates Court can make a Protection Order for a period of up to five years (the timeframe can be extended in some case).
Having the police involved is ideal, as they are able to act quickly to issue a PPN and there are no fees for police to appear on your behalf in the Magistrates Court, compared with lawyers who generally charge for their time.
It then ensures that you do not interact or come into contact with the Respondent at the courthouse.
Accessing Support
If you or someone you know has been impacted by or is experiencing domestic and family violence, help is available.
In emergency or life-threatening situations, dial Triple Zero (000) to contact the police. If you do not want to contact police, you can reach out to support helplines such as DV Connect on 1800 811 811 or 1800RESPECT on 1800 737 732.
You can obtain more information here.
Legal Advice
Your safety is the priority and we are here to help you. If you need legal advice, please do not hesitate to contact Madsen Law on 07 3209 7744.
