Information for the accused

Victims of domestic violence can apply to the magistrates court for a protection order. The court will make the order if the magistrate is convinced that you have committed domestic violence and are likely to do so again.

Protection orders

Protection orders tells you that violence will not be tolerated, and it lays down rules and conditions about how you must behave. From the day the protection order is made you must be well behaved towards the aggrieved and anyone else named in the order, for example your children.

The protection order also makes it illegal for you to own a weapon or a weapons licence. The court may also include other conditions in the order.

The order can remain in force for up to two years and may be extended by the court.

A police officer will give you a copy of the application that the aggrieved has made to the court and a summons to appear in court on a certain date.

If you disobey an order you may be charged with a criminal offence. You must not knowingly breach any of the conditions of the order. If you are convicted, you could be imprisoned for up to two years or fined up to $3000. Seek legal advice if you think you may have breached the order.

If you do not agree with the conditions set by the court or if circumstances change, you can apply to have the order varied. Complete a Form - DV5 - Revoke or vary domestic order. Fill one out and hand it in at the court. There will be another hearing, and if you convince the court the magistrate will have the order changed.

You will not have a criminal record unless you disobey the order.

Court hearings

You may appear in court alone or bring a lawyer. The magistrate will ask you and the aggrieved some questions before deciding whether or not to make the order. You will be given a copy if the order is made.

If you argue that an order is not justified and you want legal advice, the hearing may be postponed. In this case the court may make a temporary order. If you and the aggrieved agree to the conditions of the order, the court can make an order containing the terms you have agreed to. The court will either make an order in your absence or postpone the hearing and possibly make a temporary order.

You may be arrested and brought to court if the magistrate wishes to speak to you.

Magistrates' decisions

You can appeal against the decision if it seems unfair. But there is a strict time limit. You must lodge your appeal within 28 days of when the decision is made.

You must complete a Form DV 10 - Notice of Appeal. It is best to get a lawyer to help you. Then lodge your statement at a local district court registry. It is the district court that deals with these appeals.

Enforcing orders made in other states

If your spouse has registered an order in Queensland, it can be enforced here. You will not be told of the registration unless the aggrieved has agreed to this in writing. An order made in Queensland can also be registered and enforced in most other Australian states and territories.

More information

Phone your local magistrates court if you do not understand the conditions of your order or you can get advice from Legal Aid Queensland or a private lawyer.

Please visit the Department of Communities website for application forms and further information.