All information contained in this section derives from publicly accessible documentation, and is intended as general, not legal, advice.
Applying for a domestic violence order in Queensland:
In Queensland, Domestic Violence applications, hearings and orders are made pursuant to the Domestic and Family Violence Protection Act 2012 (“the Act”), and its associated Regulations and Rules.
The object for this legislation is set out in Section 3 of the Act as to:
Maximise the safety, protection and wellbeing of people (including children) who fear, experience or are exposed to domestic violence; and
Prevent or reduce domestic violence and exposure of children to domestic violence; and
Ensure that people who commit domestic violence are held accountable for their actions.
However, the paramount principle is the safety, protection and wellbeing of people who fear or experience domestic violence, including children (section 4(1) of the Act).
Please note: if you are in immediate danger of Domestic Violence, please call 000; otherwise consider speaking to a domestic and family violence referral service on the bottom of this page.
What is Domestic Violence?
The term “Domestic violence” (“DV”) is defined in section 8 of the Act. It includes behaviour from one person within a relevant relationship, to the other person of that relationship that is:
physically or sexually abusive; or
emotionally or psychologically abusive (see: section 11); or
economically abusive (see: section 12) ; or
threatening; or
coercive (for example: compelling or forcing a person to do, or refrain from doing, something); or
in any other way controls or dominates the second person and causes the second person to fear for their safety or wellbeing or for that of someone else.
For some examples of behaviour that constitute DV, please consider section 8(2) of the Act. Please note, that a person who counsels or procures another person to engage in domestic violence is taken to have committed domestic violence (section 8(3)).