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You should get legal advice before you start the process to apply for a domestic violence order.
In some areas there are programs to help people apply for a domestic violence order – these include domestic violence prevention programs, application assistance programs or domestic violence services. You can ask at the magistrates court about these programs before starting your application.
To apply for a domestic violence order, you must fill out a DV1 Application for a Protection Order form. This form is available online at www.courts.qld.gov.au. If you don’t have safe access to the internet, ask for a copy of the form at your local magistrates court. Some domestic violence prevention and domestic violence services also have these forms — view a sample domestic violence order application form(PDF, 524KB). It is recommended that you get help from a solicitor, domestic violence prevention worker, domestic violence worker, refuge worker or someone else who works in this field when you are filling out the form.
You can get free legal advice from Legal Aid Queensland about what you need to include in the application form.
You need to provide as much detail on the application form as you can. You should describe every domestic violence incident that has happened, including:
You should avoid generalising or exaggerating the incidents — stick to the facts.
If you do not want the respondent to know your address and contact details, you can leave the contact details blank on the DV1 Application for a Protection Order form and include them on the Domestic Violence Aggrieved Confidential Address form — view a sample of this form(PDF, 524KB).
You should also start gathering the information (evidence) you will need to support your application. Information that may be helpful includes:
Attach this evidence to your application form.
If possible, try to use photographs that have a date stamp on them; they can help you remember when the incidents happened. Photographs (or colour photocopies of them) can be attached to your application form.
If you have any court orders, like family law orders about your children, Childrens Court orders or any old or current domestic violence orders, you must attach a copy to your domestic violence order application.
You must sign the declaration on the form in front of a Justice of the Peace or a solicitor. When you sign the form you are indicating that the details are true and accurate. All magistrates courts have a Justice of the Peace.
You must lodge your completed and signed DV1 Application for a Protection Order form at the counter of your magistrates court. There is no charge for lodging your form.
If you do not speak English well, or you do not feel confident with legal terms and jargon in English, you should ask the court to provide you with an interpreter. You should let the court know you will need an interpreter when you are lodging your application form or at your first appearance. The magistrate will decide whether an interpreter will be used.
After you’ve lodged the application you will either be given:
When you lodge your application you can ask to go to court to make an urgent temporary protection order application that day (or as soon as possible). If your circumstances are urgent, your application can be quickly listed to go before a court. This can happen even if the application has not yet been served on the respondent and if you can show it is necessary or desirable for you to have protection.
The clerk of the court will arrange for a copy of your application and any temporary order to be delivered to the respondent by their local police. You can ring the police to see if the application has been served on the respondent before you go to court. If the application has not been served on the respondent, you will still have to go to court.