If you are in immediate danger, call 000. For confidential support at any hour: 1800RESPECT on 1800 737 732, DVConnect Womensline on 1800 811 811, or DVConnect Mensline on 1800 600 636. Use the Quick exit button at the top of this page to leave immediately — or press Escape twice.
Getting help now
You do not need a lawyer to apply for a protection order, and you do not need to wait for one. Police can apply on your behalf, and you can apply yourself at any Magistrates Court or online. There is no court filing fee.
What a lawyer adds is help with what the order should actually say — the conditions — and representation if the application is contested. Both matter, but neither should delay you seeking protection.
What counts as domestic and family violence
The Act's definition is much broader than physical violence. It covers behaviour that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, or that in any other way controls or dominates and causes fear.
- Physical assault or threats of it
- Sexual coercion or abuse
- Emotional and psychological abuse
- Economic abuse and financial control
- Stalking, monitoring or repeated contact
- Damaging property, including pets
- Isolating someone from family or friends
- Threats about children or immigration status
A relevant relationship must exist: an intimate personal relationship, a family relationship, or an informal care relationship. That covers current and former partners, relatives, and unpaid carers.
The kinds of order
| Who makes it | How long | |
|---|---|---|
| Police protection notice | Police, on the spot, with a supervisor's approval | Until the court deals with the application |
| Temporary protection order | Magistrate, often at the first mention | Until the application is finally decided |
| Protection order | Magistrate, after a final hearing or by consent | 5 years unless the court finds reason for less |
Every order carries the standard condition that the respondent be of good behaviour and not commit domestic violence. Further conditions can be added — no contact, no approaching a home or workplace, no going within a stated distance, and conditions about children. A police protection notice can include a cool-down condition requiring the respondent to leave and not contact the aggrieved for a period.
Since 1 January 2026, police also have Police Protection Directions available as an additional response to domestic violence, alongside notices and applications.
Applying for a protection order
The Magistrates Court may make an order where it is satisfied that a relevant relationship exists, that domestic violence has been committed, and that an order is necessary or desirable to protect the aggrieved.
- Apply in person at a Magistrates Court, or online
- Police can apply on your behalf
- No court filing fee
- A temporary order can be made immediately
- Children and other people can be named on the order
- Orders are recognised nationally
Think carefully about the conditions you ask for. An order that prohibits all contact is appropriate in many situations and impractical in others — particularly where there are children and no parenting arrangement. We can help you frame conditions that protect you without creating problems you will have to come back and vary.
If an order is sought against you
A protection order is a civil order, not a criminal charge, and consenting to one is not an admission that you committed domestic violence. Many respondents consent without admissions to avoid a contested hearing.
That said, it is not a decision to make without advice. An order can affect where you live, your contact with your children, your ability to hold a weapons licence, and in some occupations your employment. And breaching an order is a criminal offence, carrying up to three years' imprisonment, rising to five years for a further conviction within five years.
If the application contains allegations you dispute, you can contest it. If the conditions sought are unworkable, they can be negotiated. Do not simply fail to appear — an order can be made in your absence.
How it interacts with family law
A protection order and a parenting order are made by different courts under different legislation, and they can conflict. A protection order made in the Magistrates Court can be inconsistent with a Federal Circuit and Family Court parenting order about handovers or contact.
Family violence is also directly relevant in family law proceedings. Since 6 May 2024, safety is the first consideration in determining a child's best interests, and since 10 June 2025 the economic effect of family violence is an express consideration in property settlements.
If you have or are seeking both, they need to be dealt with together rather than separately. That is a practical reason to have one firm handling both.
What it costs
- No court filing fee to apply for an order
- Costs agreed with you before we start
- Fixed fee for advice and drafting conditions
- Stage estimate if the matter is contested
- Legal Aid may be available — we will tell you
- Duty lawyer services operate at most courts
Frequently asked questions
The default duration of a protection order is 5 years from when it is made. The court can order a shorter period only if satisfied there are reasons to do so. Temporary protection orders and police protection notices last until the application is finally decided.
No. You can apply yourself at any Magistrates Court or online, and police can apply on your behalf. There is no court filing fee. A lawyer helps most with framing the conditions and with representation if the application is contested, but you should not delay seeking protection while you arrange one.
No. A protection order is a civil order made by the Magistrates Court. However, contravening an order is a criminal offence, carrying a maximum of three years' imprisonment, increasing to five years where the respondent is convicted of a further contravention within five years.
No. A respondent can consent to a protection order without admitting the allegations, and many do to avoid a contested hearing. It remains a decision to take with advice, because an order can affect where you live, contact with children, weapons licensing and some occupations.
Much more than physical violence. The definition covers behaviour that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, or that otherwise controls or dominates and causes fear. A relevant relationship must exist — intimate personal, family, or informal care.
Children can be named on an order and conditions can be included about them. However, a protection order is made by the Magistrates Court while parenting orders are made by the Federal Circuit and Family Court, and the two can conflict. If both are in play they should be dealt with together.
More information
The law in relation to Domestic Violence has changed significantly. Let us answer your questions and help to ensure you are protected.
Domestic violence lawyers Rockhampton
Each state and territory has different domestic violence legislation. In Queensland, Domestic Violence incorporates physical abuse, damage to a person’s property, economic abuse, emotional abuse and threatening and coercive behavior.
We recommend you contact our family lawyers in Rockhampton to get an understanding of your potential obligations or entitlements of domestic violence.
Our lawyers can assist you with:
- Filing or Responding to an Application for a Domestic Violence Protection Order (DVO);
- Negotiations between parties to a DVO; and
- Legal representation in court.
Start your family law matter online — privately and at your own pace
Not quite ready to pick up the phone? You can begin online instead. Answer a few simple questions about your situation in your own time, and our experienced family lawyers will review your details before your first appointment — so your meeting is focused on you, not paperwork.
We can also assist with:
- Separation and divorce
- Property Settlements for both married and de facto couples
- Property disputes involving parents and adult children
- Spouse maintenance
- Financial agreements (pre-nups)
- Parenting arrangements
- Child Support and Adult Child Maintenance
- Mediation
- Surrogacy agreements
Flexible Legal Financing for Family Law Matters
South Geldard Lawyers has proudly partnered with JustFund to offer our clients greater financial independence, particularly through family law litigation funding. For some clients, it can be a struggle to afford legal fees and disbursements, and limited access to funding sometimes means the settlement process stalls and clients get stuck. This partnership enables our clients to access the legal assistance they deserve to settle their family law matters and move on with their lives without the burden of immediate financial constraints.
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.