Restraining Orders in Queensland

In Queensland, a “restraining order” is commonly referred to as a Domestic Violence Order (DVO) or Protection Order. It is made under the Domestic and Family Violence Protection Act 2012 (Qld) and is designed to protect a person from domestic or family violence.

A DVO can place restrictions on a person’s behaviour, contact, and movements.

“Restraining order” is a general term used in everyday language. In Queensland, the correct legal term is Domestic Violence Order (DVO) or Protection Order.

They refer to the same type of court order.

An application can be made by:

• The person seeking protection (the aggrieved)

• A police officer on their behalf

• In some cases, an authorised representative

Police applications are very common in domestic violence matters.

A restraining order may include conditions such as:

• No contact with the protected person

• Not going near their home, workplace, or school

• Not committing domestic violence or harassment

• Restrictions on communication (calls, texts, social media)

• Behaviour conditions requiring good conduct

The court tailors conditions based on risk and circumstances.

Most final Protection Orders last for 5 years, although the court can set a shorter or longer period depending on the case. In some cases, a lawyer can assist you to negotiate the length of the Order.

Temporary Orders may apply until the matter is finalised.

A Temporary Protection Order (TPO) is an interim order made before the final court decision. It applies immediately and remains in place until the final hearing or agreement.

Yes, unless the matter is resolved by agreement.

Applications are generally heard in the Magistrates Court of Queensland, where the court decides whether to make a final order.

Yes. You can contest the application if you disagree with the allegations. The court will hear evidence from both parties before making a decision.

You may agree to the order “without admissions,” meaning you do not accept the allegations but agree to the order being made to resolve the matter.

This avoids a contested hearing but still results in enforceable conditions.

Breaching a restraining order is a criminal offence and can result in:

• Fines

• Criminal conviction

• Imprisonment

Courts treat breaches very seriously, especially in repeat or violent situations.

A restraining order itself is not a criminal conviction. However, breaching the order is a criminal offence and will appear on your criminal record if convicted.

Yes. Restraining orders and related allegations can affect:

• Blue Card eligibility

• Employment screening

• Professional licences

• Security clearances

Yes. Courts consider restraining orders when determining parenting matters, as the safety of children and affected persons is a priority.

Yes. A party can apply to:

• Vary the conditions

• Extend the order

• Revoke (remove) the order

The court must be satisfied that a change is appropriate.

You should:

• Read the documents carefully

• Comply with any temporary order immediately

• Avoid contact with the protected person

• Seek legal advice as soon as possible

Yes. A lawyer can:

• Assess the allegations

• Advise whether to consent or contest

• Negotiate conditions

• Represent you in court

• Minimise long-term consequences

Yes. Police can apply on behalf of a person seeking protection, and the court can make orders even if you do not agree.

They are designed to prevent harm and protect individuals from domestic and family violence. Courts prioritise safety when making decisions.