Domestic Violence Protection Orders explained
A domestic violence protection order or DVPO helps protect you (the aggrieved), your children and other people named on the order from someone who is violent to you (the respondent).
In Queensland DVPO is often shortened to “protection order”.
What DVPOs do
DVPOs are legal documents issued by a magistrate and are designed to protect an aggrieved or victim from violence or abuse by the respondent. Other people can be protected under the same DVPO like children and relatives.
Abuse and violence can take many forms and includes physical, emotional, financial, sexual and other threatening or controlling behaviour.
A DVPO includes conditions to stop the respondent from behaving in a way that makes victims feel unsafe and can include prohibiting the respondent from coming to or being within a certain distance of the victim’s home or workplace.
Types of DVPOs
There are two types of DVPOs and both have similar conditions included in order to increase the safety of the victim:
- Temporary protection orders can be issued immediately for urgent situations where a victim fears an imminent threat to safety. Temporary protection orders last until there is a court date for a protection order. It is not always necessary to lodge a temporary protection order to obtain a protection order.
- Protection orders are issued after a DVPO application has been lodged and evidence has been heard by a magistrate. Usually a protection order takes four weeks to be heard after lodgement. Protection orders are generally in place for a period of two years, but can last for longer if there are special circumstances.
Applying for a DVPO
You can apply for either a temporary or full protection order yourself using this form: http://www.courts.qld.gov.au/__data/assets/pdf_file/0006/162168/dva-f-1.pdf
Alternatively you can ask for a police officer, solicitor, relative or friend to apply on your behalf.
If someone else is making the application for you, you must give them written permission known as Authority to Act.
Once lodged if you are not seeking a temporary protection order you will be given a date for a hearing before a magistrate (usually within four weeks of lodgement).
After hearing the circumstances of your situation the court will make an order for a DVPO if it is satisfied:
- that there has been an act of domestic violence
- you and the respondent are in a domestic relationship covered by law
- a domestic violence protection order is necessary or desirable in your situation.
How can Preston Law help?
If you are in immediate danger contact the Police on 000, or contact Queensland’s 24 hour crisis hotline DV Connect on 1800 811 811.
If you are considering applying for a DVPO Preston Law can explain what a DVPO does, the conditions to include as well as help you with the application and court process.
Preston Law believes everyone deserves access to good legal advice and representation, which is why we offer:
- An obligation free initial consultation, so you can identify the best options and prepare for separation or divorce.
- Deferred payment options*, so you don’t have to deal with legal fees until you have reached settlement.
*Conditions apply. It’s quick and easy to find out if you’re eligible, so give us a call.