What is a Domestic Violence Application and Who Can Apply?
A Domestic Violence application offers protection by restricting the behaviour of the abuser. The person who files a Domestic Violence application is known as the aggrieved, while the person the order is filed against is called the respondent.
In Queensland, anyone who is in a relevant relationship and who believes they have experienced domestic violence as it is defined in the Domestic and Family Violence Act 2012 may apply for a Domestic Violence Order.
To issue a Domestic Violence Order, the Court must be satisfied that:
- The aggrieved and the respondent have a relationship that is relevant to the application
- The respondent has subjected the aggrieved to domestic violence
- The DVO is necessary in order to protect the aggrieved from further acts of violence and abuse.
When applying for a DVO, the aggrieved will be provided with a Court date (this is usually referred to as ‘the mention’ date). The police will then inform the respondent of the Domestic Violence application that has been made against them. If both the aggrieved and the respondent appear at the court mention date and agree to the conditions set out in the application, the court can go ahead and issue the Domestic Violence Order.
If the respondent does not agree to the order or fails to attend the mention, the Court may grant a temporary protection order. In some cases, a DVO may be granted in the respondent’s absence. If beyond the temporary order the aggrieved still disputes the application, then the court will set a final hearing date. At the final hearing (about 3-12 months after the temporary order date) the aggrieved and the respondent are permitted to present evidence in support of their case.