DVO Application Lawyer Cairns — Fixed Fee
$2,500 — Fixed Fee
This page is for you if the other person agrees to the order — or does not show up to court to oppose it. Lawyers call this an "uncontested" application. It is the most common outcome. If the other person is fighting the application, you need the contested hearing page — $4,800 instead. Covers : initial consultation, preparation of the application and supporting affidavit, advice on interim orders, appearance at the Cairns Magistrates Court, and post-order advice on conditions and next steps. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to understand your circumstances and assess the appropriate application Preparation of the formal DVO application under the Domestic and Family Violence Protection Act 2012 (Qld) Drafting of your supporting affidavit — setting out the history of the relationship and the conduct you have experienced Advice on interim and temporary protection orders where an urgent order is required Appearance at the Cairns Magistrates Court on the application date Advice on the conditions of the order once made and what they require of the respondent Written follow-up after the order is made confirming the conditions in force If the respondent contests the application, the matter proceeds to a hearing. Contested DVO hearings are covered under a separate fixed fee — see DVO — Contested ($4,800).
What a DVO Is
A Domestic Violence Order (DVO) — also called a protection order — is a civil order made by the Magistrates Court under the Domestic and Family Violence Protection Act 2012 (Qld). It sets out legally binding conditions that the respondent must follow. Breaching a DVO is a criminal offence under section 177 of the Act, carrying up to 3 years' imprisonment, or 5 years for an aggravated breach. A DVO is not a criminal conviction against the respondent. It is a civil order designed to protect you from further acts of domestic violence.
Who Can Apply
A DVO can be sought by any person in a "relevant relationship" with the respondent under the Domestic and Family Violence Protection Act 2012 (Qld). Relevant relationships include: A current or former spouse or de facto partner A current or former intimate personal relationship A family member — including parents, children, and extended family An informal care relationship You do not need to have been physically harmed to apply. A DVO is appropriate where you have experienced domestic violence, are in fear of future acts of domestic violence, or are in a relationship where there are reasonable grounds to fear future harm. Domestic violence includes physical violence, threats, emotional abuse, economic abuse, coercive control, and property damage.
Temporary Protection Orders
Where there is immediate risk, the Magistrates Court can make a temporary protection order (TPO) without prior notice to the respondent. Sacha can prepare an urgent TPO application where the circumstances require it. A TPO takes effect immediately and remains in force until the matter returns to court. If you are in immediate danger, contact police on 000. Once you are safe, call Civic Law and Sacha will advise on the TPO process and prepare the application as quickly as your situation requires.
What Conditions a DVO Can Include
The conditions of a DVO are tailored to the circumstances. Common conditions include: No contact with the aggrieved person — by phone, message, social media, or through a third party No approaching within a specified distance of your home, workplace, or the children's school Exclusion from the family home Surrender of weapons and suspension of any firearms licence No publishing material about the aggrieved person online Behavioural conditions specific to the history of the relationship Sacha will advise on the conditions appropriate to your circumstances and present the application on that basis.
What 'Uncontested' Means
An uncontested DVO is one where the other person does not oppose the making of the order. This can happen in two ways: they consent to the order being made, or they do not appear at court to contest it. In either case, the court can make the order on the application date without a contested hearing. Consent to a DVO does not require the other person to admit to the alleged conduct — orders are routinely made "without admissions." This is common where the respondent's lawyer has advised them that consenting is the practical course, regardless of whether they accept the allegations. If the other person indicates they will contest the application, Sacha will advise immediately on what that means for the process and the additional cost of a contested hearing. See DVO Contested Hearing — $4,800 .
What Sacha Focuses On
Sacha will prepare every DVO application with the conditions that will actually protect you — not the minimum that will get an order made. That means drafting an affidavit that sets out the history accurately and completely, advising on the right conditions for your specific circumstances, and appearing at court to ensure the order is made in the terms sought. Where a TPO is already in place, Sacha will review the conditions before the final order is made and advise on whether they should be extended, varied, or confirmed.
FREQUENTLY ASKED QUESTIONS
Do I have to have been physically harmed to apply? No. Domestic violence under Queensland law includes physical violence, threats, emotional abuse, economic abuse, coercive control, and property damage. You do not need visible injuries or a police report to apply. Sacha will assess your circumstances at the first consultation and advise on whether an application is appropriate. What if the other person consents without admissions — does that protect me? Yes. A consent order without admissions is still a legally binding DVO. The other person is bound by its conditions regardless of whether they admitted the conduct. Breaching it is a criminal offence with the same consequences as breaching any other DVO. Will the other person know I have applied before the order is made? In most cases, yes — they are served with the application before the court date. Where there is immediate risk, a temporary protection order can be made without notice to them. Sacha will advise on which process is appropriate for your circumstances. How long does a DVO last? The standard duration for a final DVO in Queensland is 5 years, though the court can make an order for a shorter or longer period depending on the circumstances. Sacha will advise on the appropriate duration to seek in your application. What if the other person breaches the DVO after it is made? Report any breach to police immediately. Breaching a DVO is a criminal offence. Police have power to arrest for a breach and they can face imprisonment. You do not need to pursue the breach through the civil courts — it is a matter for Queensland Police. Can I vary or revoke the DVO later? Yes. Either party can apply to vary the conditions of a DVO, or the aggrieved can apply to revoke the order entirely. Sacha can advise on whether a variation or revocation application is appropriate in your circumstances.