Domestic and Family Violence: Understanding Your Rights in Queensland
Domestic violence is a complex issue that can affect anyone, regardless of age, gender, or sexual orientation.
In Queensland, the law provides a framework to protect those experiencing harm within specific relationships.
What Qualifies as Domestic Violence?
Under Queensland law, domestic violence is any behaviour—or pattern of behaviour—within a relevant relationship that is:
- Physically or sexually abusive.
- Emotionally or psychologically abusive.
- Economically abusive (controlling money).
- Threatening, coercive, or dominating.
- Control that causes a person to fear for their safety or wellbeing.
What is a ‘Relevant Relationship’?
For domestic violence laws to apply, the relationship must be:
- Intimate personal: Spouses, de facto partners, or engaged couples (including former partners).
- Family: Relationships between relatives, including elder abuse cases.
- Informal care: Where one person relies on another for daily care.
Note: If you are threatened by a stranger or neighbour, domestic violence laws do not apply.
You should contact the police to discuss other options like Peace and Good Behaviour orders.
The Domestic Violence Order (DVO) A DVO is a civil court order issued to protect the aggrieved (the victim) and any named persons (like children) from the respondent (the person committing the violence).
Standard Duration: Usually stays in place for five years.
The Rules: All orders require the respondent to be of “good behaviour.” The court can also add specific conditions, such as prohibiting contact or preventing the respondent from going near a home or workplace.
Criminal Consequences: While the order itself is civil, breaching a condition is a criminal offence.
How to Obtain Protection
If you are in danger, you can apply for a DVO at your nearest Magistrates Court registry. An application can be filed by: The aggrieved person directly. A police officer. An authorized representative or guardian. The Magistrate’s Decision: To grant an order, the court must be satisfied that a relevant relationship exists, violence occurred, and the order is necessary or desirable to protect the aggrieved.
Responding to a DVO Application
If you have been served with a DVO application as a respondent, you have specific rights and obligations:
- Seek Legal Advice: You can ask the court for an adjournment to speak with a solicitor.
- Consent: You can agree to the order on a “without admissions” basis (meaning you follow the rules without admitting to the allegations).
- Oppose: You can contest the order. The court will then set a date for a final hearing to review evidence.
- Important: A DVO can impact your Blue Card, weapons licence, employment, and visas. Never ignore an application; if you fail to attend court, an order can be made in your absence.
- Where to Find Support:Â We strongly recommend obtaining specialised legal advice to protect your future.Â
If you think you are in Immediate Danger: Call 000 (Queensland Police Service) 24/7 Support: Contact DVConnect on 1800 811 811.
Support Services
- 1800 RESPECTÂ (1800 737 732)
- DV Connect
- 1800 811 811
- Mensline 1800 600 636
- Mensline Australia
- Domestic Violence Prevention Centre
- Gold Coast:Â (07) 5991 4222Â
- (07) 5532 9000
- Relationships Australia and Rainbow Counselling
- Lifeline
- Suicide Call Back Service
- Ozcare
- Centacare
- Diverse Voices (LGBTI peer support)
- Immigrant Women’s Support Service
- Family Relationship Centres
- White Ribbon Australia