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Someone has taken out a domestic violence protection order against me

If someone has taken out a domestic violence protection order or the police have issued a police protection notice against you then you should do the following:

  • Follow the order or the notice, even if you don’t agree with it. Read it carefully, and don't break (contravene) it. For example, you may be able to stay in the home, but must stop harassing, hurting or threatening the other person.
  • Go to court — an order can be made even if you don’t go.
  • Get legal help. The conditions of an order or notice are serious and breaching a domestic violence order (including any temporary orders) is a criminal offence. If you are found guilty of breaching the protection order, you could face a fine, a term of imprisonment or both.
  • Get support from family, friends or a support service.

You should get legal advice before deciding whether you agree or disagree with the domestic violence protection order application, or before asking for a hearing date. 

If a domestic violence protection order is made you will not have a criminal record if you follow the terms of the order. However, a conviction for breaching (breaking) a domestic violence order is a criminal matter.

If a domestic violence protection order is made it may affect licences and other cards you hold, including weapons and security licences.

A final domestic violence protection order normally lasts for 5 years. A temporary order can be made whenever an application is mentioned in court and will last until the next mention date or when an application is heard. 

Find out more about what options are available for people who are respondents to a domestic violence protection order application

Can I get legal aid?

Legal Aid Queensland can help people who may have a domestic violence protection order taken out against them. Depending on your situation, you may be eligible to apply for legal aid or legal representation. You should contact us for more information.  

If you're in a situation where your partner or another person has also applied for legal aid, you may still be eligible for help.  Watch a short video explaining how if you're in dispute with someone else, you may both be able to apply for legal aid if eligible.

Law Week 2018 Legal Aid myths, sorting fact from fiction 

Transcript:
MYTH: In a dispute, if someone gets legal aid first, the other person can't...
You can get a lawyer to represent you if you meet our funding guidelines
We look at how much you earn and own, and your legal problem
If you're in dispute with someone else, they can also get legal aid if eligible
Someone can be represented by an in-house lawyer, and the other by a private firm
This avoids any conflict of interest...
Contact us to find out if you're eligible for legal aid and how we can help...
Visit legalaid.qld.gov.au, visit a legal aid office, call 1300 65 11 88. 

Do I need legal advice?

You may need legal advice if:

  • someone has applied for a domestic violence protection order against you
  • you have been issued with a police protection notice
  • the police have made an application for a domestic violence protection order against you or your partner
  • you want to change a domestic violence protection order
  • you had an order interstate or overseas and want to register it in Queensland.

Get legal advice

We may give legal advice and help about domestic and family violence.

The following organisations may be able to give legal advice.

Women's Legal Service gives free legal advice to women on areas of law including domestic violence and family law.

Queensland Indigenous Family Violence Legal Service provides legal and counselling services to Aboriginal and Torres Strait Islander peoples suffering from the direct and indirect effects of domestic violence and sexual assault.

Community legal centres give legal advice on a range of topics. Contact them to find out if they can help with your matter.

Queensland Law Society can refer you to a specialist private lawyer for advice or representation.

Who else can help?

These organisations may be able to help. They don’t give legal advice.

DV Connect gives counselling, information, referral and help including refuge and shelter placement and crisis intervention to people affected by domestic violence. They also manage the Pets in crisis project arranging foster care for pets while people affected by domestic violence are in temporary accommodation.

Mensline (DV Connect) is a free, confidential telephone counselling, referral and support service for men.

Immigrant Women's Support Service offers free confidential, practical and emotional support to immigrant and refugee women from culturally and linguistically diverse backgrounds and their children who have experienced domestic or sexual violence.

Family Relationship Advice Line is a free national telephone service giving help to families affected by relationship or separation issues, including parents, grandparents, children, young people, step-parents and friends.

Men and Family Relationship Counselling Service provides services including domestic violence prevention counselling.

Relationships Australia is a community-based, not-for-profit Australian organisation providing relationship support services for individuals families and communities. 

beyondblue is an independent, not-for-profit organisation working to increase awareness and understanding of anxiety and depression in Australia and to reduce the associated stigma.

Lifeline is a national charity providing all Australians experiencing a personal crisis with access to 24 hour crisis support and suicide prevention services.

 

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