Domestic Violence Orders

In Queensland, a Domestic Violence Order (DVO) is intended to provide safety and protection to a person in a Domestic Violence relationship.

DVO’s can be filed by the victim “aggrieved” or by the Police at the counter in your local Court House. In some cases, when a relationship has broken down some people seek an Order against the other to hopefully gain custody of the children or the family home.

Breaching a DVO can lead to significant jail time and a criminal history, so we take the time to explain to our clients “the respondent” the conditions of an Order. Having an experienced criminal lawyer defending you is crucial as the Magistrate can often make temporary orders in the absence of the respondent.

Karsas Lawyers have had many clients needing help seeking or contesting a DVO and understand each case is different from the last. Karsas Lawyers can either act for the “aggrieved” or “respondent” in a DVO.

Common Questions

Q: My ex/partner has put a DVO on me – can I contest this?
A: Yes – we recommend you have a lawyer present when contesting a matter so we can go over your material prior to Court, negotiate with the other party and potentially have your matter listed for a trial/hearing.

Q: The Police told me to not show up at Court regarding my DVO – is this true?
A: You should always appear in Court and have a lawyer present even if you are not contesting the matter.

Q: Who can I put a DVO on?
A: The legislation states you can apply for a DVO against a family member or intimate personal relationship. It does not include friends or neighbours.

Q: The Police put a DVO on my partner but I didn’t want it – what can I do?
A: You can apply to the Court to vary the Order. Both parties should seek independent legal advice before varying the application.

Q: I got served with a DVO application kicking me out of my house – can I do anything about it?
A: You can apply to the Court to vary the Order so you can return to the house. The decision will ultimately be up to the Magistrate.

Q: Can my children/family members be protected by the DVO?
A: You are able to name children, family members or associates on the Protection Order. You will be asked to show reason as to why the named persons need to be on the Order.

Q: What happens once I lodge the DVO Application?
A: You will need to lodge the application over the Counter at your local Court House. You will then be given a date to appear.

Q: How long will it take to get a DVO against someone?
A: The Magistrate will often make a temporary order on your first appearance which will be imposed until the final orders are made.