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You should get legal advice before you start the process to apply for a domestic violence order.
In some places 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. You can do this:
See the sample forms.
Get help from a lawyer, domestic violence prevention worker, refuge worker or someone who works with people affected by domestic violence when you are filling out the application form.
You can get free legal advice from Legal Aid Queensland about what you need to include in the application form.
You should describe the domestic violence you have experienced recently. It is helpful to the court to include as much detail as you can, which may include:
You should give specific details where possible. If you can’t recall the specific date of an incident, you may want to include an estimated date, for example: “on or around 3 December 2019” or “when the football grand final was on”.
If you have experienced the same or similar behaviours over a long period, you may want to describe the behaviour then explain how often it happened and include the dates you can remember, for example: “about every pay day, the respondent would become so angry with me they would become physically violent where they would…”.
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 (see a sample of this form).
If you have concerns about your immediate safety, you should ask the court to consider immediately making an urgent ‘temporary protection order’. If your circumstances are urgent, your application can be quickly listed to go before a magistrate. 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 immediate protection. Make sure you have ticked the box for a temporary protection order.
The respondent will be given a full copy of your application and all attachments.
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. You can attach photographs (or colour photocopies of them) 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 of these orders to your domestic violence order application form.
You must sign the declaration on the application form in front of a justice of the peace or a lawyer. When you sign the form, you are indicating the details are true and accurate. All Magistrates Courts have a justice of the peace who can witness you signing your application form. You will need to take photo ID with you.
You must file your completed, signed and witnessed DV1 Application for a Protection Order form at a Magistrates Court registry. There is no cost to file your application form, but you will need to show photo ID to the registry. You cannot submit your application online—if you are filling it out electronically, you will need to print it and file it at the court.
If you do not speak English, or you do not feel confident with legal terms in English, you should ask the court to arrange an interpreter. You should let the court know you will need an interpreter when you are filing your application form or at your first court appearance. The magistrate will decide whether an interpreter will be used.
After you’ve filed an application you will be given:
If you need immediate protection, you can ask for the magistrate to make an urgent temporary protection order that starts as soon as your application is served on the respondent. If you want an urgent temporary protection order, you need to fill out that section on the application form (see the sample form on page 45).
The clerk of the court will arrange for the police to serve (deliver) a copy of your application and any temporary order on the respondent. You can call or go to your nearest police station to ask if the application has been served on the respondent before you go to court. Even if the application has not been served on the respondent, you will still have to go to court.
Last updated 7 April 2021