In this section
START OF Publications and resources
END OF Publications and resources
How do I get a Domestic Violence Protection Order?—what happens in court?
Download print version(PDF, 81KB)
Order publication online
A3 size (29.7cm x 42cm)
If the police have made a police protection notice or applied for a domestic violence order (DVO) to protect you, they will complete the forms needed.* If not, you need to fill out the Application for a Protection Order (Form DV1) and lodge it at your local Magistrates Court.**
The police will serve (give a copy of the Form DV1 to) the respondent (the person you need protection from), with the date and court address where the application will be heard.
The first court date is called a mention. This is usually anytime between the same day and up to 4 weeks after the Form DV1 is lodged at court. On the first court date the magistrate will want to know if the respondent has been served by the police, if they are present in court and whether they agree or disagree with a domestic violence order being made. There may be one or more mentions. A temporary protection order can be made at a mention and will last until the next mention date or contested hearing date.
If yes—does respondent agree to order being made?
If no—has the respondent been given copy of DV1 form?
If your matter is set down for a hearing, get legal advice as soon as possible. A contested hearing can also be called a trial.
At the hearing, the magistrate will hear your evidence about why you need a final protection order, and the respondent's evidence about why a final protection order should not be made.
The magistrate will then decide whether a final protection order should be made. A final protection order usually lasts for five years.
Free legal information and advice is available from Legal Aid Queensland. Phone 1300 65 11 88 or visit www.legalaid.qld.gov.au.
For more information about applying for a domestic violence protection order, your legal rights or how to prepare for court you can:
Last updated 31 August 2021