Domestic Violence Orders (DVOs) in Queensland: What You Need to Know
A Domestic Violence Order (DVO) is a legal tool designed to protect individuals from abusive or threatening behavior in domestic or intimate relationships under the Domestic and Family Violence Protection Act 2012.
It ensures the safety of the person experiencing abuse (the aggrieved) and any affected children by setting rules the respondent (the person accused of violence) must follow.
Two types of DVOs:
- Temporary Protection Order – This is a short-term order to protect the person until the final decision.
- Protection Order – This is a longer-term order made after both sides have presented their case.
The DVO will have rules the abuser must follow, and if they break these rules, they can be arrested.
Who Can Apply for a Domestic Violence Order in QLD?
Anyone who is being abused can apply for a DVO, but it can also be requested by:
- The person experiencing the abuse (the aggrieved).
- The police, on behalf of the person being abused.
- An authorised representative (like a lawyer).
A DVO can also protect children or other people who are affected by the abuse. In some cases, the police can apply for the order even if the person being abused doesn’t want to take action.
How to Apply for a Domestic Violence Order in Queensland
Here are the basic steps to apply for a DVO:
- Filing an Application: Forms are available from local Courts or online.
- Smit the Application: Turn in the completed form at the court.
- First Hearing: The Court may give a temporary order or ask for more evidence.
- Final Hearing: Both sides will present their case, and the Court will decide whether to make the order permanent.
The police can help with the process, especially if it’s an emergency. In some cases, mediation may be used.
Conditions of a Domestic Violence Order
A DVO can include different conditions, depending on the situation. Some common conditions are:
- Stopping the abuser from contacting or approaching the person being abused.
- Keeping the abuser away from certain places like the home or work.
- Banning the abuser from owning weapons.
These conditions are set by the Court to protect everyone involved. The Court may add more conditions if needed.
Need a Lawyer?
What Happens If a DVO Is Broken?
Breaking the rules of a DVO is a serious crime. The police can arrest the person immediately, and they could face fines or jail time. The punishment depends on how serious the breach is and the person’s past behavior.
Can a Domestic Violence Order Be Changed or Cancelled?
A DVO can be changed or canceled if things change. Either the person being abused, the abuser, or the police can ask the court to make changes. This could include:
- Extending or shortening the order.
- Changing the conditions.
- Changes in the relationship.
The court must approve any changes to make sure everyone is still safe.
Summary
A Domestic Violence Order in Queensland is a legal way to protect someone from abuse. It ensures safety by setting clear rules for the person causing harm, and if they break the rules, there are serious legal consequences. The court is involved in applying for, changing, or enforcing the order, and the police may help in emergencies.
