What is a Domestic Violence Order and Why Enter Into One?

A Domestic Violence Protection Order (DVO) is a formal court order made under Queensland’s Domestic and Family Violence Protection Act 2012 designed to protect a person from domestic or family violence by placing clear, legally enforceable conditions on the respondent’s behaviour.

A DVO explicitly sets out conditions that must be subsequently obeyed by the person who has committed the violence (the Respondent). Protection orders enforce that the Respondent must not commit domestic violence against the victim (the Aggrieved) or any other person named in the Order, including children. (→ Learn more about how to protect your children with a Domestic Violence Order in Qld.)

Disobeying the order is a criminal offence. If any condition of the order is broken by the Respondent, then the Aggrieved may contact police who may charge the Respondent with an offence.

Who Is Eligible to Apply for a Domestic Violence Protection Order?

To apply for a Domestic Violence Protection Order (DVO), the behaviour must have occurred within a relationship that the law recognises as a domestic relationship under Queensland legislation. This includes:

• – Intimate personal relationships — such as spouses, de facto partners, former partners, and people who are dating.
• – Family relationships — including parents, children, siblings, step-relations, in-laws, and extended family members.
• – Informal care relationships — where one person relies on another for day-to-day assistance, provided the carer is not receiving payment for that support.

If the behaviour occurred within any of these relationship categories, a person may apply for a DVO to seek legal protection.

When Can I Apply for a DVO in a Relationship?

A DVO can be sought at any stage of a relationship — before separation, during the relationship, or after it has ended — and applies to partners, former partners, family members, and others in a recognised domestic relationship. To start an application right away, please get in touch with our family lawyers.

What Factors Does the Court Consider When Making a Protection Order?

When applying for a Domestic Violence Protection Order (DVO) in Queensland, the Court considers several key factors to decide whether the order should be made.

1. Whether Domestic Violence Has Occurred
The Court assesses whether the respondent’s behaviour meets Queensland’s legal definition of domestic violence, which includes behaviour that:
(a) is physically or sexually abusive;
(b) is emotionally or psychologically abusive;
(c) is economically abusive;
(d) is threatening;
(e) is coercive; or
(f) in any other way controls or dominates the other person and causes them to fear for their safety or wellbeing, or that of someone else.

2. Whether a Relevant Relationship Exists/Has Existed
Courts are able to make a Domestic Violence Order in QLD if a relevant relationship exists or has existed, such as partners, family members, or informal carers.

3. Whether a DVO Is Necessary or Desirable
The Court must determine whether making the protection order is necessary or desirable to protect the aggrieved from future domestic violence. This is a central legal test under Queensland law.

4. Whether Children Have Been Exposed
If children have seen, heard, or otherwise been exposed to domestic violence, the Court treats this as a serious factor and may impose stronger conditions in the order.

5. Evidence Supporting the Application
The Court reviews any evidence submitted with the application, which may include messages, photographs, police reports, medical notes, or witness statements. Further details on the types of evidence are provided in the following section.

Do I need evidence to apply for a DVO?

Whilst you can still apply without substantial evidence, providing supporting material will significantly strengthen your DVO application.

The Court takes into consideration a wide range of evidence, including text messages, emails, call logs, photographs, social media messages, witness statements, police attendance records, medical notes, and images of property damage. Even small or isolated pieces of evidence can help demonstrate a pattern of domestic violence.

If the police have attended your home or taken statements, their reports can also support your case.

Emerson Family Law can assist you in identifying, gathering, and preparing the evidence needed to present a strong and clear application to the Court. You can contact us online or call us at (07) 3211 4920 for a discovery call with our family lawyers in Brisbane at a fixed fee agreed upon in advance.

Yes. Any DVO issued in Queensland is automatically recognised and enforceable across Australia under the National Domestic Violence Order Scheme.