Main Content Anchor

Applying for a domestic violence protection order

 

Everyone has the right to live without fear or violence or abuse. If you're experiencing domestic or family violence you can apply for a domestic violence protection order, or ask the police to apply for you. A domestic violence protection order is a court order setting out the conditions for how the person who is being violent (the respondent) must behave. 

You should get legal advice before starting the process to get a domestic violence protection order. A lawyer can help you understand the process and the steps you need to take to get a domestic violence protection order. 

 To apply for a domestic violence protection order:

The Women's Domestic Violence Court Assistance Service, or the Application Assistance Program may also be able to help you. Find out more

If you or your children are at risk of immediate harm, call the police. In an emergency, call 000 . Get legal advice.

How to apply for a domestic violence protection order

Preparing your application online

You can prepare your application for a domestic violence protection order online.

The online form will include questions about your situation, what happened and what protection you need. The magistrate will consider your application and decide if a protection order should be made. After completing the online application you'll need to download and print the completed PDF forms. Before they can be lodged with the Magistrates Court, the person making the application must sign the form (as a statutory declaration) witnessed by a Justice of the Peace, Commissioner for Declarations or a lawyer. Find out more

Get legal advice before applying online.

You can apply for a domestic violence  protection order yourself, using a  Form DV01 – Application for a protection order (PDF, 216.3KB), or you can get a police officer, lawyer or authorised person (friend, relative, community/welfare worker) to apply for you.

You should get legal advice before applying. Contact us to find out how we can help. 

The following guides have detailed information about the application process: 

To get a domestic violence order, you must prove:

  • there is a relevant relationship
  • there has been a past act of domestic violence
  • an order is needed or desirable.

 Get legal advice.

 Find out more about domestic violence protection orders

Applying for an urgent domestic violence protection order

If you or your children are at risk of immediate harm, call the police. In an emergency, call 000 . Get legal advice.

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

You’ll go to court soon after you apply—before the respondent is told about your application. You’ll be given another date 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.

Applying for a non-urgent domestic violence protection order

After you’ve submitted your application, you’ll be given a date to go to court. The date and a copy of your application will be given to the respondent.

The respondent can choose to:

  • agree to a domestic violence order being made
  • oppose the application for an order
  • ask for another court date to give them time to get legal advice.

If the respondent disagrees with the application for a domestic violence order, another court date will be made for a hearing.

Women's Domestic Violence Court Assistance Service and Application Assistance Program

The Women's Domestic Violence Court Assistance Service and the Application Assistance Program are free and confidential services available to women at the Brisbane Magistrates Court for domestic and family violence matters, including applying for, or responding to a domestic violence protection order. Find out more.

Appearing in court

Domestic and family violence duty lawyer

If you have to go to court to apply for, or respond to, a domestic violence protection order, the domestic and family violence duty lawyer may be able to help on your court date. 

The domestic and family violence duty lawyer may not necessarily appear with you in court (unless you have a specific need), but they can still help you by:

  • discussing your situation and available options
  • giving you free legal information and advice
  • explaining what will happen in court
  • helping you with court forms or documents
  • helping you complete a Legal Aid Queensland application form
  • discussing your eligibility for ongoing representation from Legal Aid Queensland
  • referring you to other organisations who may be able to help
  • referring you for legal advice, help and representation (if eligible) for related family law and child protection issues.

 Find out when the domestic and family violence duty lawyer is available.

Family Advocacy and Support Services

If you are impacted by family violence, and you are attending court for a current family law issue, the Family Advocacy and Support Services may be able to help. The services operate Monday to Friday 9am to 4pm in the Brisbane, Townsville and Cairns family law courts. You may be referred by Legal Aid Queensland to these services for help if appropriate.

These services are provided by lawyers and support workers, and can help unrepresented people on their court date (similar to the family law duty lawyer service) and people with very urgent family law issues (even without a matter in court).

As part of these services, a lawyer may be able to give people information and legal advice, help prepare simple court documents (in limited situations), represent them in court (in limited situations) and help complete legal aid applications. A support worker may be able to help people prepare a safety plan, connect them with other services that may be able to help them and help complete legal aid applications.

If you need help on the day you are going to court, then speak to the family law duty lawyer or intake officer at the court.

If you have a very urgent family law issue, and you are not in court, you can speak to an customer service officer at your local Legal Aid Queensland office or call 1300 65 11 88. Legal Aid Queensland has specialist services available and will find the best service for you.

For more information about the court process, read our legal information guides and factsheets:

Do I need legal advice?

You may need legal advice if:

  • you or your children are at risk of domestic or family violence or abuse
  • you need help to work out a plan to leave a relationship safely
  • you want to apply for a domestic violence protection order
  • someone has applied for a domestic violence protection order against you
  • you have been issued with a police protection notice
  • 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 to leave your home because of violence but your name is still on the lease
  • you had an order interstate or overseas and want to register it in Queensland
  • you have been asked to attend family dispute resolution but have concerns for your safety.

Get legal advice

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

Queensland Police Service responds to emergency situations (eg if there is violence or you or your children have been threatened). If you think you’re in immediate danger, call 000.

Domestic and Family Violence Court Assistance Service gives information about domestic violence and helps with applications in some courts in Queensland. Court assistance workers can also help with legal aid applications and referrals to other services.

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.

Back to top