Domestic and Family Violence

What is domestic violence?

Under Queensland law domestic violence is any behaviour, or a pattern of behaviour, happening in a relevant relationship, that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, and/or in any other way controls or dominates a person and causes the person to fear for their safety or wellbeing or that of someone else.

‘Relevant relationship’ is defined by law as an intimate personal relationship, family relationship, or informal care relationship. Domestic violence may therefore occur in a spouse or couple relationship (or former spouse/couple relationship), between members of a family (including, for example, elder abuse) or where a person is dependent on another person for care on an informal basis. If you are fearful of the behaviour of a person with whom you don’t have a relevant relationship, such as a stranger or neighbour, domestic violence laws do not apply but you should speak to the policy about other options.

Domestic violence can happen to anyone, no matter their age, gender or sexual orientation.

What is a domestic violence order? 

A domestic violence order is a civil court order setting out the conditions that the respondent (the person who has committed domestic violence) must comply with to protect the aggrieved (the victim of domestic violence) and any named persons (e.g. children).  It is a criminal offence to breach a condition of a domestic violence order.

Domestic violence orders usually stay in place for five years. All domestic violence orders contain the condition to be of good behaviour and not commit acts of domestic violence but the court can order additional conditions if it considers appropriate, such as prohibitions on contact or attending certain places.

How do I obtain a domestic violence order?

If you are experiencing domestic violence you can apply for a domestic violence order in your closest Magistrates Court registry by completing and filing the required application form.

An application for a domestic violence order can be made by:

1. an aggrieved (i.e. the person who has experienced domestic violence)
2. a person authorised by the aggrieved
3. a police officer
4. a person acting under another Act for the aggrieved (for example, a guardian for a personal matter for the aggrieved under the Guardianship and Administration Act 2000) or
5. a party to a child protection proceeding (only in an application to the Childrens Court).

Domestic violence orders are made where the magistrate is satisfied that a relevant relationship exists between the aggrieved and the respondent, the respondent has committed domestic violence against the aggrieved and the protection order is necessary or desirable to protect the aggrieved from domestic violence.

If an application is heard and dismissed by a magistrate, costs may be awarded to the respondent but only where the magistrate is satisfied the application is malicious, deliberately false, frivolous or vexatious.

It is possible for both parties to have applications against each before the court at the same time. However, it is important to note the court will consider who is most in need of protection, and make an order in that person’s favour only unless there are exceptional circumstances.

How do I respond to a domestic violence order application? 

As the respondent to a domestic violence order application, you will have the following options at the first court appearance:

1. You can ask for an adjournment to seek legal advice.  
2. You can consent to the making of a final protection order on a without admissions basis.
3. You can oppose the making of a final protection order, in which case the court will make directions for the filling of each party’s affidavit material and the listing of a final hearing.

You must strictly follow the conditions of any police protection notice or temporary protection order. Failure to do so can result in a criminal charge.

You must attend court. A final order can be made ex-parte (in your absence) if you do not attend.

A domestic violence order may have ramifications on family law proceedings, Blue Cards, weapons licences, visas, and employment related matters.

We recommend obtaining specialised legal advice and seek professional and personal support.

Where can I get help?

If you or someone you know is in immediate danger contact the Queensland Police Service ‘000’.