Temporary vs Final
Protection Orders
When a DVO application is made in Queensland, there are two types of orders the court can make — a temporary protection order and a final protection order. Both are legally enforceable. Both carry criminal penalties for breach. But they work differently, they apply at different stages, and they last for different periods. This page explains the difference, when each type applies, and what you need to know about conditions, duration, and what happens when a temporary order becomes a final one.
What Is a Temporary Protection Order?
A temporary protection order — a TPO — is an interim order made while a DVO application is still being decided. It gives protection in the period between when the application is filed and when the court makes a final decision. Under section 44 of the Domestic and Family Violence Protection Act 2012 (Qld), the court can make a TPO whenever it adjourns the hearing of an application for a protection…
What Is a Final Protection Order?
A final protection order — commonly called a DVO — is the order the court makes after it has heard the application in full. It replaces any temporary protection order that was in place. To make a final protection order, the court must be satisfied under section 37 of the Act that (see What Evidence Do I Need for a DVO? for details on what supports an application): A relevant relationship exists…
How Long Does Each Order Last?
Temporary protection order A TPO does not have a fixed duration. Under section 98 of the Act, it stays in force until one of the following happens: The court makes a final protection order (and the respondent is present, or is served with it) The court refuses to make a final protection order The application for a protection order is withdrawn The related final protection order ends In practice, a…
Do They Have the Same Conditions?
A TPO and a final protection order can include the same types of conditions. Common conditions on both types of orders include: Good behaviour condition — the respondent must be of good behaviour and not commit domestic violence (this is mandatory on every DVO) No contact — no communication by any means No approach — must not approach within a stated distance of the aggrieved's home, workplace, or…
What Happens If Either Order Is Breached?
The consequences are the same. Breaching a temporary protection order is treated exactly the same as breaching a final protection order. Under section 177 of the Act, contravening a domestic violence order — whether temporary or final — is a criminal offence carrying: Up to 3 years' imprisonment (or 120 penalty units) for a standard contravention Up to 5 years' imprisonment if the respondent has…
How a Temporary Order Becomes a Final Order
In most cases, the process follows this path: Application filed. The DVO application is filed at the Magistrates Court (see How to Apply for a DVO ). TPO made. On the day of filing (or the first mention date), the court makes a temporary protection order to provide immediate protection. Respondent served. The respondent is served with the application and the TPO. First mention. Both parties attend…
Police Protection Notices
A police protection notice — a PPN — is a third type of protection. It is not a court order. It is a notice issued by police at the scene of a domestic violence incident, giving immediate protection while a court application is prepared. A PPN is automatically treated as an application for a protection order under section 112 of the Act. The matter then proceeds through the court in the usual way…
The Cost
Whether a temporary order or a final order is sought, the fee structure is the same: DVO application — $2,500 — covers urgent TPO application (if needed), filing, and uncontested final order DVO contested hearing — $4,800 — covers everything above plus full preparation and hearing where the respondent opposes the order Applying for a TPO is part of the standard DVO application process — it is not…