Family & Domestic Violence Orders

Safety comes first. If you or your children are experiencing family or domestic violence, the law provides protection through a Domestic Violence Order. At Bruce Dulley Family Lawyers we act for Brisbane clients on both sides of these matters — for people who need protection, and for people who have been served with an application and need to respond. If you are in immediate danger, always call 000.

In Queensland, protection from family and domestic violence is governed by the Domestic and Family Violence Protection Act 2012 (Qld) (as amended), and these matters are dealt with in the Magistrates Court rather than the federal family law courts. The order most people know as a "DVO" is a Domestic Violence Order — sometimes called a Protection Order. A Protection Order can be made to protect an aggrieved person and their associates including children. There are two stages: a Temporary Protection Order, which can be made quickly to provide immediate protection while the matter is ongoing, and a final Protection Order, which is made after the Court has considered the application properly and can last for five years or longer.

The law defines domestic violence broadly. It is not limited to physical violence. It includes emotional and psychological abuse, verbal abuse, threats, intimidation, coercion and controlling behaviour, financial abuse, stalking, and any behaviour that is intended to control or cause fear. The order can be sought where there is a "relevant relationship" — an intimate personal relationship (such as spouses, de facto partners, or a couple who are dating), a family relationship, or an informal care relationship.

A Domestic Violence Order works by imposing conditions on the respondent (the person the order is made against). Every order includes the standard condition that the respondent be of good behaviour and not commit domestic violence. The Court can add further conditions tailored to the situation — for example, prohibiting the respondent from approaching or contacting the protected person, from going to their home or workplace, or from being within a certain distance of them. Where children are involved, they and other family members can be named on the order. Importantly, a DVO is a civil order, not a criminal charge — but breaching the conditions of a DVO is a criminal offence that can result in a fine or imprisonment.

For those seeking protection (the aggrieved), we help you apply for an order, prepare the supporting material that sets out clearly what has happened, and represent you at court so you do not have to face the other party alone. In urgent situations we can seek a temporary order quickly.

For those responding to an application (the respondent), it is just as important to get advice. Being named in a DVO has real consequences. It can affect your ability to hold certain licences and your employment, it can be raised in parenting proceedings, and a breach exposes you to criminal liability. You may agree to an order "without admissions" to resolve the matter, or you may need to contest it where the allegations are untrue or exaggerated. We will explain your options clearly and protect your interests.

Family violence also has a significant impact on parenting and property matters in the federal family law system. The presence of family violence is a central consideration when a court decides what arrangements are in a child's best interests, and it can be relevant to a property settlement. We make sure these matters are dealt with in a coordinated way across both the state and federal jurisdictions.

These are sensitive and serious matters, and we handle them with care, discretion and urgency. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.