How to Apply for a DVO
in Queensland
If you are experiencing domestic violence and need a protection order, this page explains how the application process works, what you need to prepare, and what happens at court. In many cases, police apply for a DVO on your behalf after attending an incident. If police have not applied — or if their application does not cover what you need — you can apply privately. Either way, you do not have to do this alone. If you are in immediate danger, call 000. For crisis support and safety planning, see safety information and crisis contacts . Are you the respondent? If an application has been made against you, this page is not written for you — see defending a DVO or DV charge in Cairns and what to do first after being served .
Two Ways a DVO Application Starts
Under the Domestic and Family Violence Protection Act 2012 (Qld), a DVO application can be made in two ways. Police apply on your behalf If police attend a domestic violence incident, they are required to investigate (section 100). If the officer reasonably believes domestic violence has been committed, they must consider what action is needed to protect you — and one of the most common actions is applying for a DVO on your behalf. You do not need to ask them to. The police application is filed with the Magistrates Court and the respondent is served with the application and a court date. In most DVO matters in the Cairns Magistrates Court, the application is a police application. If police have already applied, you do not need to file a separate application — but you may still want legal representation to ensure the conditions sought are the right ones for your situation. You apply privately If police have not applied, or if you need protection from someone and police have not been involved, you can make a private application directly to the Magistrates Court under section 32 of the Act. A private application requires: A completed application in the approved form A supporting affidavit — a sworn statement setting out the history of the relationship and the conduct you have experienced Filing the application at the Magistrates Court registry The affidavit is the most important part of a private application. It is the document the Magistrate reads. Sacha prepares the affidavit with you — setting out the relevant history in a way that is clear, specific, and addresses what the court needs to be satisfied of.
What the Court Needs to Be Satisfied Of
To make a protection order, the court must be satisfied of three things under section 37 of the Act: A relevant relationship exists between you and the respondent — this includes intimate personal relationships (spouses, de facto partners, and couples), family relationships, and informal care relationships The respondent has committed domestic violence against you — domestic violence includes physical abuse, sexual abuse, emotional and psychological abuse, economic abuse, threatening behaviour, coercive behaviour, and any other behaviour that controls or dominates a person and causes them to fear for their safety. You do not need to have been physically harmed. A protection order is necessary or desirable to protect you from domestic violence The standard of proof is the balance of probabilities — not beyond reasonable doubt. The court does not need to be certain. It needs to be satisfied that it is more likely than not that domestic violence has occurred and that an order is warranted. This is a lower threshold than a criminal charge. You do not need a police report, a medical report, or physical evidence of injury to apply. The court regularly makes DVOs on the basis of affidavit evidence and oral testimony alone.
Urgent Protection — Temporary Orders
If you are at immediate risk, you do not need to wait for the full application to be heard. There are two mechanisms for urgent protection. Temporary protection order (TPO) When you file a DVO application, the court can make a temporary protection order on the same day — even before the respondent has been served with the application. Under section 44 of the Act, the court can make a TPO whenever it adjourns the hearing of an application, including at the very first stage. A TPO has the same force as a final DVO. It sets conditions the respondent must comply with immediately upon being served. If the respondent breaches a TPO, that is a criminal offence with the same penalties as breaching a final order. For a detailed comparison of how temporary and final orders work, see Temporary vs Final Protection Orders . If you file your application at the Magistrates Court registry in the morning, a TPO can often be made the same day. Sacha can prepare an urgent application where the circumstances require it. Police protection notice (PPN) After attending a domestic violence incident, police can issue a police protection notice (PPN) under Part 4 of the Act. A PPN gives you immediate protection — it takes effect as soon as it is served on the respondent, without going to court. Under section 112, the PPN is then treated as an application for a protection order, and the matter proceeds through the court in the ordinary way. You do not need to request a PPN. Police issue them where they consider it necessary to protect you.
What Evidence Supports an Application
The affidavit you file with the application is the primary evidence. It should set out the conduct you have experienced — specific incidents, dates where possible, and the effect on you and any children. Supporting evidence can include: Text messages, emails, and social media messages — screenshots showing threats, abuse, or controlling behaviour Photographs — of injuries, damaged property, or any physical evidence Medical records — hospital or GP records documenting injuries or the impact on your mental health Police records — records of previous call-outs, reports, or charges Statements from other people — family members, friends, neighbours, or support workers who have witnessed the conduct or its effects Records of calls to crisis services — 1800RESPECT, DV Connect, or other support services You do not need all of this. Many DVOs are made on the basis of the affidavit alone. But where supporting evidence exists, it strengthens the application — particularly if the respondent is likely to contest it. If you have evidence on your phone or in your email and are concerned about safety, send copies to a trusted person or to an email account the respondent does not know about. Preserving evidence now, while it exists, is important. For a detailed guide on collecting and preserving evidence safely — including what types of evidence support different forms of domestic violence — see What Evidence Do I Need for a DVO?
What Happens at Court
The first mention After the application is filed and served on the respondent, the matter is listed for a first mention at the Magistrates Court. This is not a hearing — it is a procedural appearance where the court establishes what is happening with the matter. At the first mention, one of three things happens: The respondent consents. The order is made by consent — without the respondent admitting to the alleged conduct. This is the most common outcome. The conditions are finalised and the order takes effect immediately. The respondent does not appear. If the respondent has been served and does not attend, the court can make the order in their absence. The respondent opposes the order. If the respondent files a response saying they will fight the application, the matter is adjourned and listed for a contested hearing at a later date. If the matter is adjourned — for any reason — the court will usually make or extend a temporary protection order so that you have protection in the meantime. If the matter goes to a contested hearing A contested hearing is a full court hearing where both sides give evidence. You will give evidence by adopting your affidavit and answering questions. The respondent may give evidence too. Both lawyers make submissions and the Magistrate decides whether the order should be made. For a detailed breakdown of what happens at each stage, see What Happens at a DVO Hearing? The court has measures to protect you during the hearing. You can request screens so you do not see the respondent, or ask to give evidence by video link from a separate room. Sacha will be with you throughout the hearing. Contested DVO hearings are covered under a separate fixed fee — see DVO Contested Hearing — $5,800 .
Negotiating the Conditions
The conditions of a DVO are not set in stone by the application. They are negotiable — and getting the right conditions matters more than simply getting an order made. Common conditions include: No contact — no communication by any means, including through third parties No approach — not approaching within a set distance of your home, workplace, or children's school Exclusion from the home — the respondent must leave the shared residence Restrictions on contact with children — no contact, or supervised contact only Surrender of weapons — any firearms, weapons licences, or ammunition must be surrendered to police If police have applied on your behalf, the conditions in their application may not fully reflect what you need. Sacha will review the proposed conditions and ensure they are appropriate to your situation — not just the minimum that will get an order made. If you are applying privately, Sacha will advise on the conditions to seek based on the history, the current risk, and the practical circumstances — including children, shared property, and any existing family court orders.
After the Order Is Made
Once a final DVO is made, the conditions are legally binding on the respondent. A standard DVO lasts for five years under section 97 of the Act, though the court can order a shorter or longer period. After the order: The respondent must comply with every condition. Breaching any condition — even a minor one — is a criminal offence under section 177, carrying up to three years' imprisonment, or five years if the respondent has a prior domestic violence conviction within the last five years. Report any breach to police immediately. Do not wait. Every breach should be reported, regardless of how small it seems. The conditions can be varied. If your circumstances change — you move, the risk changes, or a condition conflicts with family court orders — either party can apply to vary the conditions. See Understanding Domestic Violence Orders in Queensland for more detail on variations. The DVO is not a criminal record. The order is a civil order. Having a DVO made does not give the respondent a criminal record — but breaching it does. Sacha will explain the conditions in plain language after the order is made and provide written confirmation of what is in force.
The Cost
Civic Law handles DVO applications on a fixed fee basis. No hourly rate. No hidden charges. DVO application — uncontested — $3,300 — consultation, preparation of the application and supporting affidavit, advice on interim orders, and court appearance DVO contested hearing — $5,800 — if the respondent opposes the order and the matter goes to a full hearing All fees +10% GST. The fee is confirmed before any work begins. If cost is a concern, discuss it at the first call. Payment plans are available . Free legal assistance is also available through Women's Legal Service Queensland, Legal Aid Queensland, and Queensland Indigenous Family Violence Legal Service .
Frequently Asked Questions
Do I need to have been physically harmed to apply?
No. Domestic violence under the Domestic and Family Violence Protection Act 2012 (Qld) includes physical abuse, sexual abuse, emotional and psychological abuse, economic abuse, threatening or coercive behaviour, and any other behaviour that controls or dominates a person and causes them to fear for their safety. You do not need visible injuries or a police report to apply for a DVO.
Can I apply if police have not been involved?
Yes. You can make a private application directly to the Magistrates Court under section 32 of the Act. You do not need a police report or a prior police call-out. Sacha will prepare the application and supporting affidavit.
How quickly can I get protection?
If there is immediate risk, a temporary protection order can often be made on the same day the application is filed. A TPO has the same legal force as a final DVO — the respondent must comply immediately upon being served. If you are in immediate danger right now, call 000.
What if the respondent contests the application?
If the respondent opposes the order, the matter goes to a contested hearing at a later date. A temporary protection order is usually in place in the meantime. The contested hearing is covered under a separate fixed fee — $5,800 . Sacha will advise at the outset on whether the respondent is likely to contest and what that means for the process.
What if I cannot afford a lawyer?
Payment plans are available — discuss your situation at the first call. Free legal assistance is also available through Women's Legal Service Queensland (1800 957 957), Legal Aid Queensland (1300 65 11 88), and Queensland Indigenous Family Violence Legal Service (1800 887 700). See safety and support services for more.
Will the respondent know I have applied before the order is made?
In most cases, yes — the respondent is served with the application before the court date. Where there is immediate risk, a temporary protection order can be made before the respondent is served. Sacha will advise on which approach is appropriate for your situation.
Can I get a DVO if we are still living together?
Yes. You do not need to have left the relationship or moved out to apply for a DVO. The order can include an ouster condition requiring the respondent to leave the home. Alternatively, the order can include conditions that allow both parties to remain at the property but restrict the respondent's behaviour. Sacha will advise on the conditions appropriate to your circumstances.
What happens if the respondent breaches the order?
Report the breach to police immediately. Contravening a DVO is a criminal offence under section 177 of the Act — up to three years' imprisonment, or five years if the respondent has a prior domestic violence conviction. Every breach should be reported, regardless of how minor it seems.