Information for victims

Protection orders

You can apply for a protection order yourself, get the police to apply for you, or write a letter authorising someone else you know to apply on your behalf.

The authorisation does not have to be in writing if you are prevented from doing so, for example if you have a physical disability. Under certain circumstances, an appointed guardian, the Adult Guardian or an attorney under an enduring power of attorney can apply for you.

If you want to do it yourself, get an application form from your local magistrates court or police station. The form will ask for details of the domestic violence that has been committed and what sort of order you want.

Fill out the form, being careful to answer all the questions clearly, and hand it in at the court. You will be told straight away when your case will be heard.

Taking out a protection order does not give the respondent a criminal record. However, it is a criminal offence to disobey a protection order.

If circumstances change, you can apply to have the conditions changed. The process is the same as for getting the original order - fill out an application form 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.

Tell the police if the respondent breaches the protection order. You should report any breach, so keep the order always at hand in case you need to show it to the police.

Court hearing

The magistrate will consider your application and the conditions you have asked for.

You are free to decide whether or not to attend the hearing. You can:

• appear by yourself
• appear with a police officer or your lawyer
• send the police officer or lawyer in your place.

Make your arrangements with the police officer or lawyer before the date of the hearing.

If you wish, you can bring someone else with you for support.

The respondent will be ordered to appear at the hearing, and may bring a lawyer.

This will be a closed hearing, meaning no other members of the public will be allowed into the courtroom.

If the magistrate makes the order, both you and the respondent will be given a copy.

Magistrate's decision

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 DV10 - Notice of Appeal. It is best to get a lawyer to help you. Then lodge your form at a local District Court registry. It is the District Court that deals with these appeals.

The respondent can appeal too.

Enforcing orders made in other states

An order made in another state may be enforced in Queensland if the order has been registered here. Registering the order is a simple matter of asking at a magistrates court and completing a Form 8 - Application for interstate domestic violence order. The respondent will not be told of the registration unless you agree to this in writing. A protection 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 the court if you do not understand the conditions of your order or if you want to change or cancel it.

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