Served with a DVO
What to Do First

If you have been served with a Domestic Violence Order application or a temporary protection order, the conditions on that order are enforceable from the moment you are served. What you do in the next 24 hours matters. This page explains what being served means, what the conditions require of you, what happens at court, and the decisions you need to make — including whether to consent or contest. None of those decisions should be made without advice.

What Being Served Means

Being served with a DVO application means a court has received an application for a protection order naming you as the respondent. In most cases, police have applied on behalf of the aggrieved person after attending a domestic violence incident. In some cases, the aggrieved has made a private application directly to the Magistrates Court . You may be served with: An application and a court date —…

Do Not Contact the Aggrieved

This is the most important thing you can do right now. If the order includes a no-contact condition — and most do — any contact with the aggrieved person is a breach. That includes: Phone calls, text messages, emails, social media messages — direct or through a new account Contact through a third party — asking someone else to pass on a message Attending the aggrieved's home, workplace, or other…

Read Your Conditions

Every DVO includes a standard condition under section 56 of the Act: you must be of good behaviour toward the aggrieved and must not commit domestic violence against them. This condition applies to every order. Beyond that, the order may include additional conditions. Common conditions include: No contact — no communication with the aggrieved by any means No approach — not approaching within a…

Consent Is Not an Admission

The most common outcome in DVO matters in the Cairns Magistrates Court is a consent order. Under section 51 of the Act, the court can make a protection order by consent — and consenting does not mean admitting that the alleged domestic violence occurred. This is important to understand because many respondents assume that consenting to a DVO means accepting the allegations. It does not. The order…

What Happens at the First Mention

The first court date listed on your paperwork is called the mention. It is not a hearing — no evidence is given and no witnesses are called. It is an administrative appearance where the court checks whether the matter is ready to proceed. At the first mention, one of several things will happen: You consent to the order — if you have had legal advice and the conditions are agreed, the Magistrate…

The Consequences of a DVO

A DVO does not create a criminal record. It is a civil order. But it has real consequences that last for the duration of the order — which is five years by default under section 97 of the Act. Firearms Your firearms licence is automatically revoked when a DVO is made. Under section 83 of the Act, no exemption under the Weapons Act 1990 applies. Any firearms, weapons, and ammunition must be…

If You Want to Contest

If the allegations in the application are disputed and the evidence does not support the order being made, contesting may be the right course. But it is not always the right course — and Sacha will give you an honest assessment at the first consultation. The application is decided on the balance of probabilities — a lower standard than a criminal charge. The court does not need to be satisfied…

The Cost

Sacha handles respondent DVO matters on a fixed fee basis. Consent order — $2,500 — covers consultation, negotiation of conditions with police or the aggrieved's solicitor, and court appearance to consent to the order with agreed conditions Contested hearing — $4,800 — covers consultation, evidence review, preparation of submissions, cross-examination, and full hearing appearance If you are also…

Fixed Fees

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