This guide provides a framework for understanding DVOs in Queensland and the process for contesting one.

If you are served with an Application for Domestic Violence Order, or a Police Protection Notice (PPN) it is very important that you do the following:

1. Firstly, you are being served by the Queensland Police. The Police must independently serve you with the documents because they are directed to do so by the Court. The Police must personally serve these documents to you to ensure compliance with the Domestic and Family Violence Protection Act. 
   1. It is important that you exercise caution when speaking to police as anything you say or do can be used by the Police against you. You need to exercise your right to silence and ensure you obtain legal advice before speaking to police. You do not need to do this if you simply wish to be served with the material.

2. Secondly, you should obtain independent legal advice as soon as possible. In some cases, Police or Applicant Aggrieved’s can ask the Court to make a temporary protection order without the Respondent being present in Court. In these circumstances, the Court is considering to make a TPO in emergency circumstances. It is important you speak to a lawyer experienced in Domestic Violence Law so that you can get advice as to whether you need to prepare and file a cross-application, or whether you have to draft any material for Court.
3. Finally, you must attend Court on the date specified in the notice of adjournment. Under the DVFPA if you do not appear in Court on the date specified in the notice, the Court is able to hear and determine the application in your absence. This means that if you do not attend Court, a final order can be made against you. This also applies if you are the applicant in a private application, if you do not appear in Court on the date specified, the Court can dismiss your application.

If you intend to contest an application it is important that you obtain legal advice. Domestic Violence Proceedings are not like Criminal Proceedings, and the Court has a wide discretion on the evidence to make an order.

What Should You Do When Faced With a Protection Order?

If you have been served with an Application for a DVO, or you are subject to a Temporary Protection Order; it is important that you comply with the conditions of the order.

The making of an order is not a criminal offence, however when the Court imposes conditions in a TPO or final DVO you must strictly adhere to them as breaching the order creates a criminal offence.

Some of the conditions which can be included on a DVO will largely depend on the nature of the application and the circumstances raised by the Aggrieved.  Typically, some of the conditions can include: -

1. No contact conditions – preventing you as the Respondent from contacting or having any direct or indirect communication with the Aggrieved;
2. No approach condition – a condition preventing your from approaching an aggrieved whether in public or any place for any reason;
3. Distance condition – not be within a specified range of the Aggrieved. For example – a condition imposed stating you cannot be within 100m of the Aggrieved;
4. Ouster condition – a condition where you must immediately or within a specified time, leave your residential premises and be unable to return. This can include the family home.

These conditions all can have relevant exceptions imposed to assist you, however it is imperative you obtain legal advice because the effect of these conditions can have on hindering your individual liberty is significant.

What happens in Court on the first occasion?

One of the first things the Court must consider when going to Court is whether to impose a Temporary Protection Order (TPO). When an application is adjourned, the Court must consider making a TPO, in deciding whether to impose an order the Court must be satisfied that there is a relevant relationship and an act of domestic violence can occur.

The bar is extremely low for the Court to consider making an order, and the Court must consider any submission and application in the context of the Aggrieved.  This is why it is extremely important to speak to and engage a lawyer to represent you for these proceedings to get the best result possible.

Options available to resolve DV Hearings

Not every DV Application must be contested, and each response will be relevant to the individual requirements and circumstances of each case.  In some cases, a party who does not agree with the application and supporting facts can still agree to an order to reduce legal costs and finalise the application in a timely manner.

This process is where you consent to the making of an order, but you are not making admissions to the application. This is a process available to you, it is important that you carefully consider the effect that the making of an order will have.

By agreeing to the DVO, you consent to the court’s decision to make the Protection Order permanent. You can agree to the DVO without admission to the domestic violence allegations - this is a way to avoid the time, cost, and stress of a contested hearing while ensuring no formal finding of domestic violence is made against you. A final Protection Order typically lasts for five years.

Contest the order

If you disagree with the conditions of a DVO, you can choose to contest it. This will initiate a hearing process where you can present evidence or bring witnesses to support the removal or amendment of the order. The court will then evaluate the case and make a final decision on the order.

Ask for an adjournment

You can also ask the court to postpone the hearing to a later date in order to seek legal advice for a proper response. If the adjournment is granted, a Temporary Protection Order will be made to ensure the safety of the aggrieved, which lasts till the next court date.

Queensland Courts recommends DVO respondents get legal advice before deciding whether to agree or disagree with the application. Consulting a family lawyer will not only help you fully understand the consequences of the Protection Order, but also deliver a strategy to mitigate the impact of the order. In many cases, gathering and presenting evidence can still be useful in negotiating the conditions of a Protection Order - even if you plan on consenting to the order.

Contact our Criminal Law team today via (07) 4771 5664 or submit a Criminal Law Enquiry via the form at the end of this page.

The team at Connolly Suthers has extensive experience in Domestic and Family Violence matters and regularly appears in the Domestic Violence Specialist Court to assist clients navigating these complex issues.