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Domestic Violence Protection Order—information for applicants

Domestic Violence Protection Order - Information for Applicant

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How do I get a Domestic Violence Protection Order?—what happens in court?
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How do I get a domestic violence order?

What happens in court? 

If the police have decided to issue you with a police protection notice or to make an application for a domestic violence order they will complete the necessary forms. If not, you should fill out the protection order application form (DV1 form). Lodge it at your local magistrates court. **

** Urgent temporary protection order: If you think you need an urgent temporary protection order, ask to speak to either the court registry staff or a police officer.  

The police will give a copy of the form to the respondent (person you need protection from) which includes notification of the time and place the application will be heard. 

Mention

First court date 3-4 weeks after form is lodged at court. This is not a hearing. Magistrate needs to know what is happening with protection order application .

Is respondent at court for mention?

If yes—does respondent agree to order being made? 

  • If yes—a magistrate may grant a final protection order.
  • If no—the matter will/may be set down for a hearing. 

If no—has the respondent been given copy of DV1 form?

  • If yes—the magistrate may grant a final order or adjourn the matter to give the respondent time to get legal advice.
  • If no—the matter is adjourned for another mention until the respondent is served with the form. 

Hearing

If your matter is set down for a hearing, get legal advice quickly.

At the hearing, the magistrate will listen to the evidence from the person wanting protection, the respondent and relevant witnesses, and make a decision about whether a domestic violence protection order should be made.

At the hearing, you may be represented by a police prosecutor, Legal Aid solicitor, private solicitor, or yourself. 

 Free legal information and advice is available from Legal Aid Queensland. Phone 1300 65 11 88 or visit www.legalaid.qld.gov.au. 


Contact us 

For more information about applying for a domestic violence protection order, your legal rights or how to prepare for court you can:

  • search a wide range of legal information online to help resolve your legal problem
  • view, download or order a wide range of publications and educational resources
  • contact us by calling 1300 65 11 88. 

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