Understanding Protection Orders in Queensland: Your Rights and the Legal Process
If you or someone you care about is experiencing family or domestic violence, it’s vital to understand how Protection Orders (also called Domestic Violence Orders or DVOs) work in Queensland. These orders are important legal tools that can help — but the process can also feel complex. This article explains your rights, the legal process, and how KLM Solicitors can assist you.
What is a Protection Order in Queensland?
Under the Domestic and Family Violence Protection Act 2012 (Qld) (DFVP Act), a Protection Order may be made by a Magistrates Court in Queensland when someone (“the respondent”) has committed or threatened domestic or family violence against another person (“the aggrieved”). These orders are designed to prevent future violence, abuse or harassment and can include tailored conditions such as excluding the respondent from the aggrieved’s home, workplace, or certain areas.
Your Rights and Responsibilities
As an aggrieved person you have the right to apply for a Protection Order yourself (or to ask the police or a solicitor to make the application on your behalf). It’s essential to be aware that once the Order is in place, the respondent must comply with its terms. If they breach the Order, this may lead to criminal penalties (including imprisonment of up to 3 years for a first breach in some cases) in Queensland. You also have rights to support services and safe waiting areas in courts when protection matters are being heard. Protecting your safety is the primary concern.
The Legal Process: Step‑by‑Step
Application: The application can be lodged by you, a support person, lawyer, or police.
Mention Hearing: Once lodged, a mention date (initial court appearance) is set. If the respondent does not appear, the court may make an Order in their absence.
Hearing: If contested, the matter proceeds to a full hearing where both sides present evidence and the magistrate makes a decision.
Order Conditions & Duration: Orders typically require the respondent to be of good behaviour, avoid contact, or stay a certain distance away. Some Orders can be made for up to five years or longer depending on risk.
Breaches & Enforcement: If the respondent breaches the Order, you should contact the police immediately. Breach of a DVO is a serious criminal offence.
How KLM Solicitors Can Help
At KLM Solicitors, we assist clients with protection order applications, provide advice on the best approach for their safety and legal rights, and represent clients at court when required. We also advise on how a Protection Order might affect related family‑law or parenting matters. If you feel unsafe or are unsure whether to apply, contact us for a confidential consultation.