Domestic Violence Orders

When a domestic or family violence incident occurs, the police officers, who consider it necessary, may take the respondent into police custody and place that person in a watchhouse for the safety of all parties.

A respondent may be detained in a watchhouse for up to four (4) hours.

When a respondent is released from a watchhouse they will be given a copy of the application for the Domestic Violence Order and a list of release conditions on which they are released.

These release conditions remain in force until a court has heard the application.

If the respondent does not appear, at the nominated court, the matter can still be heard in their absence.

A Domestic Violence Order alone does not give a person a criminal record.

If a court makes a domestic violence order the respondent must be of good behaviour and must not commit acts of domestic violence or associated domestic violence (s17 Domestic and Family Violence Act 1989).

A respondent may be prohibited from possessing any weapons or a weapons licence for the duration of the order.

There may be other conditions imposed, depending on necessity.

If the respondent fails to comply with a condition specified on a Domestic Violence Order, the respondent has breached the order.

A breach of the Domestic Violence Order is an offence and the respondent can be arrested.

If a Domestic Violence Order has been issued in New Zealand, or in another state of Australia, then it must be registered in Queensland by attending a local court house before it is able to be enforced in Queensland.

Registering an interstate order will also bring it to the attention of Queensland Police.

More information regarding Domestic Violence Orders for both the aggrieved and respondent can be found on the Legal Aid website.

Private applications

Aggrieved parties, or persons who are authorised by the aggrieved may also apply for a Domestic Violence Order against a respondent.

These are commonly referred to by police officers as ‘private applications’.

An order issued as a result of a private application will have the same effects as an order issued from a police application.

The order will still be enforced by police officers if there is a breach.

A private application can be made at any court house.