Applying for a Domestic Violence Protection Order
In Queensland an Application for a Domestic Violence Protection Order can be made by:
- The Police (usually after they have attended an incident); or
- By the “Aggrieved” (the person who needs the Protection of a Domestic Violence Protection Order).
For the Act to apply, a specific type of relationship must exist between the persons.
Those type of relationships will include people who:
Either are, or have been in the past, married or in a de facto relationship;
Are the biological parents of a child of the relationship (even if it was a one night stand);
Either are, or have been in the past, engaged or betrothed;
- Either are dating, or have in the past dated, but only if their lives became enmeshed while dating;
- Are related by blood or marriage;
- Is regarded as a relative, if their culture is such that the concept of a relative is somewhat wider;
- An informal care relationship (ie. where one person is dependent on another for activities of daily living, such as with a carer relationship.
From 17 September 2012, under the changes to the legislation, the type of relationship covered by the Act was expanded and extended to include:
- a person with “parental responsibility” for a Child;
- people in a cyber relationship;
- More types of “dating relationships” since the requirement for their lives to have become “enmeshed” has been removed.
- The content on this page represents the law in Queensland. Domestic Violence laws vary according to each State and Territory in Australia.
- In Qld Protection Orders are called Domestic Violence Protection Orders or a “DVO”.
- Other States refer to a Relationship Violence Protection Order or DVO as:
- NSW: In New South Wales it is an Aprehended Domestic Violence Order (AVO) or (ADVO) or an Apprehended Personal Violence Order (APVO);
- VIC: In Victoria it is a Family Violence Intervention Order (FVIO);
- ACT: In the Austalian Capital Territory it is a Domestic Violence Protection Orders (DVO)
- TAS: In Tasmainia it is Family Violence Order (FVO) or Police Family Violence Order (PFVO);
- S.A.: In South Australia it is an Intervention Order (IO);
- W.A.: In Western Australia it is a Violence Restraining Order (VRO);
- N.T.: In the Northern Territory it is a Domestic Violence Protection Orders (DVO)
- So variously it is referred to as a Domestic Violence Order, Intervention Order, Restraining Order, Protection Order, Apprehended Violence Order, Violence Restraining Order etc.
Other Pages in the Family & Domestic Violence Section
- What constitutes Family Violence & when is it considered to have occurred
- What are examples of Family Violence having occurred
- What are examples of a Child being exposed to Family Violence
- Domestic Violence: The Law you need to know
- What amounts to actual Domestic Violence
- Who makes the Application for a Domestic Violence Protection Order
- When will a Court make a Domestic Violence Protection Order
- What does a Domestic Violence Protection Order say
- How long does a Domestic Violence Protection Order apply for
- Can I get a Temporary or Urgent Domestic Violence Protection Order
- Can I end (revoke) or vary (change) a Domestic Violence Protection Order
- Who will represent me in Court in a Domestic Violence Matter