What is a Domestic Violence Order (DVO)?

What is a Domestic Violence Order (DVO)?

A Domestic Violence Order (DVO) is a legal document issued by the court to protect individuals from domestic violence. It imposes specific conditions on the person committing the violence to ensure the safety of those affected.

Types of Domestic Violence Orders

1. Protection Order
A long-term order issued by a magistrate to protect individuals in domestic and family violence situations. Most protection orders last for five years, though the duration can be adjusted by the court if necessary.

2. Temporary Protection Order
Designed for urgent situations, temporary orders provide immediate protection while the court considers a full protection order application. These can be requested by the individual or police.

Conditions of a DVO

Every DVO includes a standard condition requiring the respondent to “be of good behaviour and not commit domestic violence” against anyone named in the order.

Additional conditions can be requested, such as restrictions on approaching your residence or workplace.

Proving the Need for a DVO

To obtain a DVO, you must provide clear and concise reasons for your application in the ‘Grounds for a Protection Order’ section of the application form.

Key Elements to Prove:

1. Relevant Relationship
   Demonstrate that you have a domestic relationship with the respondent, such as:
   • An intimate personal relationship (e.g., married, de facto, or engaged).
   • A family relationship (e.g., blood relatives, in-laws, or culturally recognised relatives).
   • An informal care relationship (e.g., one person depending on the other for daily living assistance).
2. Occurrence of Domestic Violence
   Provide specific examples of domestic violence, which may include:
   • Physical or sexual abuse.
   • Emotional or psychological abuse (e.g., stalking, insults, controlling behaviours).
   • Economic abuse (e.g., withholding money or property).
   • Threatening or coercive behaviour.
3. Necessity or Desirability of a Protection Order
   Explain why a DVO is required to protect you. This includes highlighting any ongoing risks of future violence, such as frequent contact, proximity, or patterns of behaviour.

Be specific in your examples, including dates or approximate timelines. Avoid vague statements or overwhelming the application with unnecessary details or evidence, such as text messages or photos, at this stage. Instead, focus on presenting your case clearly and succinctly to increase the likelihood of a Temporary Protection Order being granted.

Applying for a DVO

How to Apply Yourself:

• Complete the application form online, as a PDF, or in person at a Magistrates Court.
• If the provided space isn’t enough, write “See attachment” and include a separate document with your reasons.
• Sign the statutory declaration before a Justice of the Peace (JP) or Commissioner for Declarations (CDec).
• File the application by post, email (in limited circumstances), or in person.

For detailed guidance, refer to the Guide to Completing an Application for a Protection Order.

What to Expect at Court

After filing your application, you’ll receive a court date for your first mention, which you must attend.

Tips for Court Attendance:

• Expect to attend court more than once before a final order is issued.
• Allow a full day, as multiple cases are often scheduled for the same day.
• Arrange childcare, as courthouses do not provide childminding facilities.

Safety at Court:
If you feel unsafe, submit a Court Safety Form to request additional safety measures. This information is confidential and won’t be shared with the respondent.

Drafting a Strong Application

A well-prepared application can significantly improve your chances of obtaining a DVO:

• Be concise, using dot points or short sentences.
• Prioritise the most recent and significant incidents.
• Avoid including excessive evidence or irrelevant details.

If you need assistance with your application, our experienced Domestic Violence Lawyers can help. We understand the emotional difficulty of reliving traumatic events and can guide you through the process to ensure your safety and that of your loved ones.

Legal Representation

• Police prosecutors represent cases initiated by the police.
• If you hire a lawyer, they will represent you in court.
• If you cannot afford a lawyer, contact Legal Aid Queensland or community legal centre or your local courthouse for assistance.

You may also represent yourself and bring a support person to court.

For professional guidance and support, contact our team to schedule an initial consultation. Let us help you secure the protection you deserve.