Cross-Application Risk Assessment

When both parties in a domestic violence matter file for protection orders against each other, the court must determine who is the person most in need of protection under section 22A of the Domestic and Family Violence Protection Act 2012 (Qld). This tool walks you through the factors the court considers.

How Cross-Applications Work

Section 41G requires the court to identify the person most in need of protection and make an order protecting that person. The other application is dismissed or reduced. In exceptional circumstances under s 41G(3), the court may make orders under both applications — but only where there is clear evidence each person genuinely needs protection and it is not possible to determine whose need is greater.

Section 22A Factors

The court must consider: (a) the history of the relationship and any domestic violence; (b) the nature and severity of harm suffered by each person; (c) the level of fear experienced by each person; (d) which person has the capacity to seriously harm or control/dominate the other; and (e) vulnerability characteristics including gender, age, cultural background, disability, and other factors.

Based on the Domestic and Family Violence Protection Act 2012 (Qld), ss 22A, 41G, 4(2)(e). Not legal advice.

DVO Cross-Applications Guide · Am I Breaching My DVO? · DV Court Process Timeline