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Your legal rights explained. If you are experiencing domestic violence in a relationship, a protection order can help stop the violence. This factsheet explains what you need to do. A protection order can show someone you are in a relationship with that violence is unacceptable behaviour. Print version: |
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What are my legal rights?
Everyone has the right to live without fear of violence or abuse. The Domestic and Family Violence Protection Act 1989 was created to give people legal protection from violent relationships. If you are experiencing violence in a relationship you can:
- apply for a domestic violence protection order to help stop the violence
- apply for an urgent temporary protection order
- ask the police to press charges against the person being violent.
Who can apply for a protection order?
You can apply for a protection order if you are experiencing violence in a relationship. You can apply for a protection order if you are experiencing violence in a relationship.
Relationships covered by the law include:
- spousal, intimate personal (this includes
- people who were engaged or planning to get
- married and some dating relationships) and
- family or informal care relationships.
What is domestic violence?
Domestic violence is when someone you are in a relationship with intentionally:
- uses words or actions to intimidate or harrass you
- injures you or damages your property
- behaves indecently towards you (eg forces sexual actions) or
- threatens to do any of these things.
Domestic and family violence happens in all areas of society, regardless of where you live, how much money you earn, your education level, age, sexual orientation, cultural background or religious beliefs.
What can a protection order do?
A protection order puts limits on the behaviour of the person who is being violent towards you. They must be well behaved towards you and anyone else named in the order. The order can also protect your children, relatives, friends or workmates if there has been violence or threats of violence towards them. Once an order has been made, it is illegal for the person being violent towards you to own a weapon or have a weapon's licence.
How do I apply?
You can apply for a protection order yourself at a magistrates court or get a police officer, lawyer or someone you trust to apply for you. You should get legal advice before applying for a protection order.
Call1300 65 11 88 and ask to speak to a staff member in Legal Aid Queensland's Domestic Violence Unit. This is a free service.
What happens when I apply?
For non-urgent applications
After you've submitted your application, you will be given a date to go to court. The date and a copy of your application will be given to the respondent (this is the person who has been violent towards you). When you go to court, the respondent can choose to agree to a protection order being made, disagree with your application or ask for another court date to give them time to get legal advice. If they disagree, another court date will be made for a hearing.
For urgent applications
If you think you are in danger or your property could be damaged, you can apply for an urgent protection order. You'll go to court soon after you apply to ask for a temporary protection order to be made. This will be done before the respondent is told about your application. You will be given another date and time when you and the respondent will have to go to court to tell the magistrate about your situation. If you have a lawyer, they may be able to go to this court hearing for you.
What if the order is broken?
You should call the police immediately if the person who has been violent towards you breaks the conditions of the protection order. The police will investigate and if it can be proved the order was broken, the respondent will be charged with a criminal offence. It will help the police if you have proof the order was broken, like tape recordings of abusive telephone messages, diary entries you made about the violence and the names of family, friends and neighbours who witnessed the behaviour.
How can Legal Aid help me?
Legal Aid Queensland has a specialist Domestic Violence Unit that provides free legal information and advice for all Queenslanders. You can access this service by calling 1300 65 11 88 (local call cost from anywhere in Queensland). The unit can help you get a protection order and represent you in court if you are eligible for legal aid.
Women's Legal Aid, at Woodridge, can also help. They provide free legal information, advice and referrals, and legal representation, to women living in the Logan, Beenleigh and Beaudesert area. Women's Legal Aid can help you to get a protection order if you are eligible for legal aid.
How do I apply for legal aid?
You need to complete an application form, which you can get from our offices throughout Queensland or from our website www.legalaid.qld.gov.au. Your application is more likely to succeed if you get legal advice before you apply.
Is your help confidential?
Yes. Our services are confidential and we are committed to protecting our clients' privacy. We will not provide your personal information or details about your legal problem to anyone, unless
we are legally required to.
Can you organise an interpreter?
Yes. We can organise for an accredited interpreter to help you. We are committed to making our services accessible to all people who need our services. If you would like information about domestic violence explained in your language, please phone the Translating and Interpreting Service on 13 1450 to speak to an interpreter. Ask them to connect you to Legal Aid Queensland. If you have a hearing impairment, please call TTY on (07) 3238 3023. These are free services.
How do I provide feedback or make a complaint?
Your feedback – complaints, compliments and suggestions – is welcome and we take it seriously.
To make a comment about the service you received from Legal Aid Queensland, you can complete our client feedback form. The form is available from your local Legal Aid office and our website.
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