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 — this means the court will hear the application on a particular date. You are expected to attend. A temporary protection order (TPO) — this is an interim order already made by the court. It has the same legal force as a final DVO. The conditions are binding from the moment you are served. A police protection notice (PPN) — issued by police under Part 4 of the Domestic and Family Violence Protection Act 2012 (Qld). A PPN takes effect immediately on service and is automatically treated as an application for a protection order under section 112. A DVO is a civil order — not a criminal charge. Being named as a respondent does not give you a criminal record. But the conditions are legally enforceable, and breaching any condition is a criminal offence.

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 locations named in the order Responding to contact initiated by the aggrieved — even if they contact you first, responding can still constitute a breach on your part Contravening a DVO is a criminal offence under section 177 of the Act. The maximum penalty is three years' imprisonment — or five years if you have a prior domestic violence conviction within the previous five years. Police regularly charge contraventions on the basis of a single text message. If you need to communicate about children, property, or urgent practical matters, that communication should go through a lawyer. Under section 60 of the Act, contact by a lawyer acting on a party's behalf is not prohibited by the order.

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 specified distance of the aggrieved's home, workplace, or other locations Ouster — you must leave and not return to the shared residence Restrictions on contact with children — no contact, or supervised contact only, with children named on the order Surrender of weapons — any firearms, weapons, and licences must be surrendered to police Read every condition on the document you were served. If you do not understand what a condition means in practice — what you can and cannot do — get advice before doing anything. The conditions are not suggestions. Each one is individually enforceable. For a detailed explanation of what each type of condition requires, see DVO Conditions Explained . If the conditions are unworkable — because they prevent you from living at your own home, seeing your children, or attending work — they can be varied. But you must comply with them as they stand until the court changes them. You cannot decide to ignore a condition because you think it is unreasonable.

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 is routinely made "without admissions." You agree to be bound by the conditions, but you do not admit to any specific conduct alleged in the application. Consenting is often the best practical outcome. It resolves the matter at the first mention without the cost and stress of a contested hearing. The conditions are negotiable — Sacha negotiates the specific conditions before any consent is given, ensuring they are appropriate and workable for your situation. Whether consenting or contesting is the right course for you depends on the strength of the evidence, the conditions being sought, and the practical consequences. That assessment should be made with legal advice — not at the courthouse on the day.

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 makes the order and the matter is finished. This is how most DVO matters resolve. You ask for an adjournment — if you need time to get legal advice or consider the application, the matter is adjourned to a later date. A temporary protection order usually remains in place in the meantime. You indicate you will contest — if you intend to oppose the order, you file a notice of intention to appear. The matter is then set down for a contested hearing at a later date. You do not attend — if you do not appear and the court is satisfied the application was properly served, the Magistrate can make the order in your absence under section 39 of the Act. Do not make the decision to consent or contest at the courthouse without advice. The conditions you agree to will be in force for up to five years. If you have not spoken to a lawyer before the mention date, ask for an adjournment.

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 surrendered to police. You cannot reapply for a weapons licence while the order is in force — and there is a five-year bar on reapplication from the date the order is made. If your employment depends on a firearms licence — security, rural work, defence — this consequence alone may justify getting legal advice before consenting. Blue Card A DVO is a relevant consideration in Blue Card screening. If you hold or are applying for a Blue Card for child-related work, a DVO may trigger a reassessment or refusal — particularly if children are named on the order or if the underlying allegations involve a child. Family law proceedings If there are existing or future Family Court proceedings involving your children, a DVO is a relevant factor. The Family Court is required to consider any family violence orders when making parenting orders. A DVO does not automatically change custody or access arrangements, but it is evidence the court will take into account. Duration A final protection order lasts five years by default. The court can order a longer period if it considers it necessary or desirable. The court can only order a shorter period if it gives reasons for doing so. For the entire duration, every condition on the order remains enforceable.

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 beyond reasonable doubt. It needs to be satisfied that it is more likely than not that domestic violence occurred and that an order is necessary or desirable. A contested hearing involves: Both sides giving sworn evidence Cross-examination of witnesses Submissions on whether the statutory test under section 37 is met A decision by the Magistrate The hearing is usually listed several weeks or months after the first mention. A temporary protection order remains in force in the meantime — there is no gap in the conditions. Contesting is appropriate where the evidence is genuinely disputed and the strength of the material does not support the application. It is not appropriate as a tactic to delay the process or to punish the applicant. Sacha will advise on whether the evidence justifies a hearing and what the realistic range of outcomes is.

The Cost

Sacha handles respondent DVO matters on a fixed fee basis. Consent order — $3,300 — 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 — $5,800 — covers consultation, evidence review, preparation of submissions, cross-examination, and full hearing appearance If you are also facing criminal charges arising from the same incident — assault, contravention of a DVO, property damage, or another charge — that is a separate matter with a separate fee. See DV criminal charge — $4,800 or contravene DVO — $4,800 . All fees are +10% GST. Payment plans are available.

Frequently Asked Questions

Does a DVO give me a criminal record?

No. A DVO is a civil order, not a criminal conviction. It does not appear on your criminal history. However, breaching any condition on the order is a criminal offence — and a conviction for contravention will appear on your criminal record.

What if the aggrieved contacts me first?

The conditions apply to you regardless of who initiates contact. If the aggrieved contacts you and you respond, that response can be charged as a contravention. Do not respond. If the aggrieved is regularly initiating contact, tell your lawyer — it may be relevant to a variation application, but it does not give you permission to respond.

Can I go back to my house?

Only if the order does not include an ouster condition. Read the conditions carefully. If the order requires you to leave the shared residence, you cannot return until the condition is removed by the court. If you need the ouster condition varied — for example, to collect belongings — Sacha can make that application.

What if I need to see my children?

If the order restricts contact with children named on it, you must comply with those restrictions. If you have existing Family Court orders that allow contact, the DVO conditions and Family Court orders can conflict — and navigating that requires legal advice. Sacha can advise on how both sets of orders interact and whether a variation is needed.

Can I consent to the order but negotiate the conditions?

Yes. Consenting to a DVO does not mean accepting whatever conditions are proposed in the application. The conditions are negotiable. Sacha negotiates the conditions with police or the aggrieved's solicitor before you consent — removing or modifying conditions that are unnecessary or unworkable for your circumstances.

What happens if I do not go to court?

If you do not attend the mention and the court is satisfied the application was properly served on you, the Magistrate can make the order in your absence under section 39 of the Act. You will be bound by whatever conditions the court imposes — without having had any input into what those conditions are. Attend, or have a lawyer attend on your behalf.

How long does the order last?

A final protection order lasts five years by default under section 97 of the Act. The court can order a longer period if it considers it necessary or desirable. Every condition remains enforceable for the full duration.

Can I get the order removed later?

You can apply to vary the conditions or revoke the order under section 86 of the Act. The court will only vary or revoke an order if the circumstances have changed and the variation or revocation is appropriate. This is not straightforward — the court will consider the aggrieved's safety before making any change. Sacha can advise on whether a variation or revocation application is viable in your circumstances.

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