Responding to a DVO application in Queensland: a guide for respondents

Who this guide is for

This guide is for people named as the respondent in a Queensland application for a protection order: the person the order would restrict. It explains the usual steps in plain language. It does not cover every situation, and it is not a substitute for advice about your own matter. If you are seeking protection rather than responding, our firm also assists people applying for and varying orders.

What happens when you are served

An application can be made by the person seeking protection (the aggrieved), by someone authorised to act for them, or by police. Police usually serve the respondent with a copy of the application. Police may also issue a police protection notice, which works as an application and can include conditions that apply immediately.

The papers tell you:

• who has applied and who is named as needing protection, including any children or other people;
• what behaviour is alleged;
• which Magistrates Court will hear the matter and the date and time of the first court date (often called the mention); and
• whether a temporary protection order or other conditions already apply to you.

Keep every document you receive and write down when and how you received it.

Temporary protection orders

A magistrate can make a temporary protection order before the application is finally decided, sometimes before you have had a chance to respond. A temporary order is not a finding that the allegations are true. However, once you have been served with it or told about it by police, you must follow every condition, even if you disagree with it and even if the protected person contacts you or agrees to see you. Breaching a temporary order is a criminal offence, just like breaching a final order.

The first court date (the mention)

The mention is usually short. The magistrate will want to know how you intend to respond. Your options commonly include:

• Asking for an adjournment to get legal advice. A temporary protection order may be made or continued in the meantime.
• Consenting to the order without admitting the allegations. Queensland law allows the court to make an order with the respondent's consent, and the respondent can consent without admitting any or all of the matters in the application. The order still has the full legal effect of any other DVO, including the criminal consequences of breaching it, so consider the proposed conditions and how long the order will last before you agree.
• Not consenting (contesting). If you do not agree that an order should be made, the court will usually give directions for each side to file sworn written evidence and list the matter for a hearing.
• Asking about the conditions. Sometimes the real issue is the conditions, such as contact needed for children or a shared home, rather than whether there should be an order at all. These matters can be raised with the court.

Duty lawyers are often available at court, and you can ask the court registry in advance about an interpreter. If you cannot attend because of an emergency, contact the court registry before the court date.

If you do not attend

If you have been served and do not attend, the court can deal with the application in your absence. That can include making a final protection order without hearing from you. You would then be bound by the order once you are served with it or told about it.

If you contest the application

Before making a final order, the court generally needs to be satisfied that:

• there is a relevant relationship between you and the aggrieved, such as an intimate personal, family or informal care relationship;
• you have committed domestic violence against the aggrieved; and
• the order is necessary or desirable to protect the aggrieved from domestic violence.

These are decided on the balance of probabilities, the civil standard. Evidence is usually given by affidavit, and witnesses may be cross-examined at the hearing. Be careful with what you put in writing: statements filed in a protection order proceeding are sworn evidence, and they can be relevant to other proceedings. Get advice before you file anything, particularly if police are investigating or you have been charged.

Contesting an application can take several court dates. No lawyer can promise that an order will or will not be made.

Breach allegations

Contravening (breaching) a DVO, a temporary protection order, or police-issued conditions is a criminal offence in Queensland. Penalties can include imprisonment, and they increase for repeat offences. A breach can occur even when the contact seems harmless, or when the protected person starts or agrees to the contact. Common examples include messages, social media contact, contact through friends or family, and going to places the order prohibits.

If you are accused of a breach, you can be arrested and charged, and the matter is dealt with in the criminal courts, separate from the protection order proceeding. You have the right to remain silent and to speak with a lawyer before answering police questions. Our guide to DVO breaches in Queensland explains common ways breaches happen.

Protection order proceedings and criminal charges are different

• A DVO application is civil. If an order is made, including by consent, it is not a criminal conviction.
• Criminal charges are separate. If police charge you with an offence arising from the same events, such as assault or property damage, that charge runs in the criminal courts, with the prosecution required to prove it beyond reasonable doubt. The two matters can be running at the same time.
• Breach is criminal. Once an order applies, breaching it can lead to a criminal charge and a criminal record.

Because the two processes can affect each other, decisions in one, such as what you say in an affidavit, should be made with both in mind.

Other effects of an order

A protection order can have practical consequences beyond its conditions. For example, it can affect a weapons licence, some employment or licensing checks, where you can live, and arrangements for children. It may also be taken into account in family law proceedings. Final orders in Queensland usually last five years unless the court decides a different period is appropriate. Ask about these effects before deciding how to respond.

Practical steps now

• Read every document carefully and put the court date in your calendar.
• Follow any temporary order or police conditions exactly, and do not contact the protected person to discuss the application if the conditions prohibit it.
• Keep messages, emails, photos and other records that may be relevant. Do not delete anything.
• Write down your own account of key events while they are fresh, for your lawyer.
• Do not post about the matter or the other person on social media.
• Get legal advice before the first court date if you can, and before you sign or file anything.

After an order is made

Either party can apply to vary an order if circumstances change, and there are limited rights to appeal a decision to the District Court. Strict time limits apply to appeals, so seek advice promptly if you think an order should not have been made.

How Law Lawyers & Associates can help

We act for respondents responding to DVO applications and breach allegations in Brisbane and across Queensland, and we also assist people applying for or varying protection orders. We can explain your options, the likely process and the effect of the proposed conditions, and represent you in court. We cannot promise any outcome. Learn more about our domestic violence legal services, or read what a domestic violence order is.

Official sources

• Queensland Courts: If a DVO is made against you
• Legal Aid Queensland: Someone has taken out a domestic violence protection order against me
• Legal Aid Queensland: Responding to a domestic violence order application (PDF)
• Domestic and Family Violence Protection Act 2012 (Qld)

General information only, not legal advice. This guide reflects Queensland law as the firm understands it at publication and has been prepared for legal review. The law and court procedures change, and every matter depends on its own facts. Speak with a lawyer about your situation. If you or someone else is in immediate danger, call 000.