A simple guide to the evidence required to obtain a protection order during domestic violence proceedings in the Magistrates Court of Queensland.

To Start With – What Is a DVO In Queensland?

A Domestic Violence Order (DVO) is a legal order made by a Magistrates Court to protect someone from domestic violence, whether it’s a family member, someone you are in an intimate personal relationship with, or have been in a relationship with previously. It can also include children, family members or new partners of the main person named on the order. It can stop the respondent (the person named in the order) from contacting you, coming near you, or acting violently or abusively.

There are two types of DVOs:

  • A Temporary Protection Order offers short-term protection until the final court hearing.
  • A Final Protection Order provides longer-term safety and can last up to five years.

A DVO can protect people in a domestic violence relationship, which includes de facto couples, engaged couples, family relationships and informal care relationships like paid carers or people living together.

Who Can Apply for a DVO?

You can apply for a DVO if you are experiencing domestic violence or protecting someone from it. You need to be:

  • In a relevant relationship with the respondent (intimate partner, ex-partner, family member, or carer) and/or
  • Acting on behalf of someone else, such as a child or adult needing protection
  • De facto couples, engaged couples and family relationships are treated equally under the law

You can file a domestic violence order application at your local Magistrates Court, or the police can apply for you.

The Evidence You Need for a DVO

Evidence is critical to support your need for a DVO. The court won’t just take your word for it in most cases; you must be able to provide proof of past behaviour and the risk of future domestic violence.

Here’s the kind of evidence required in most domestic violence cases:

1) Witness Statements

  • Signed statements from friends, family, neighbours, or co-workers who have seen or heard abuse or threats
  • May also include school teachers or support workers

2) Text Messages & Social Media Posts

  • Screenshots of threatening behaviour, harassment, abuse or controlling comments
  • Saved emails, DMs and photos showing harm, property damage or intimidation

3) Police Reports

  • Reports made after domestic incidents
  • Notes taken by the attending police officer
  • Evidence of past calls to police or breaches of previous court orders

4) Medical Records

  • Doctor’s notes or hospital records confirming physical violence, emotional abuse or self-harm
  • Records showing harm caused by threats to commit suicide

5) Legal Documents

  • Previous court proceedings involving the respondent
  • Any current or past court orders (including child-related family law matters)

What Qualifies as Domestic Violence?

Under Queensland’s domestic violence law, abuse isn’t just physical. The court looks at patterns of behaviour, not just isolated incidents.

Domestic violence can include:

  • Physical violence (hitting, choking, pushing)
  • Psychological abuse (intimidation, humiliation, gaslighting, control)
  • Emotional abuse (threats, insults, put-downs)
  • Financial abuse (controlling money, denying access to essentials)
  • Stalking or surveillance
  • Threats to harm, commit suicide or destroy property

Even if there has been no violence yet, the court can make a DVO if there is a credible risk of future domestic violence.

The Application Process

You can gather evidence and file an application for a protection order at any Magistrates Court in Queensland. The court staff can assist you with forms, but cannot give legal advice.

If you’re worried about your personal safety, you can ask the court for a Temporary Protection Order at your first court date.

Key steps:

  1. Complete the DVO application form
  2. Attach any evidence (text messages, photos, witness statements)
  3. File it at the court or through the police
  4. Receive a court date (often within days)
  5. The other party (the respondent) will be served with the application

What Can a DVO Cover?

A domestic violence order (DVO) isn’t one-size-fits-all. The Magistrates Court can tailor conditions depending on your personal safety needs and the risk posed by the other party. The order can include a wide range of restrictions that aim to protect the protected person, any children, and others named in the application.

A DVO can order the respondent not to:

  • Commit further violence or threaten to commit further violence
  • Contact you in any way (in person, phone, messages, email, social media)
  • Approach your home, workplace, school, or anywhere you regularly go
  • Stalk, intimidate, harass or follow you
  • Damage or threaten to damage your property or belongings
  • Come within a certain distance of you or others named in the order
  • Live in the same property as you (even if you’re renting or co-owning the home)

The court can also include parenting-related conditions if needed to ensure children’s safety.

Can a DVO Apply to Someone You Live With or Co-Parent With?

Yes. A DVO can absolutely apply to someone you currently live with – including if you’re in a de facto relationship, still cohabiting or co-parenting while separated. Living under the same roof or still having contact due to having children does not prevent you from applying for protection.

If you’re co-parenting, the court will try to balance your need for protection with the other party’s parenting orders or rights.

In these cases, a DVO might include specific conditions to:

  • Allow safe, limited contact for handovers
  • Restrict contact to specific times or through a third party
  • Prevent the other person from attending school or day care pickups unannounced
  • Allow communication only through lawyers or parenting apps

The court will look at whether the domestic violence impacts your family law matters and will try to minimise risk while maintaining lawful parenting arrangements. Always seek legal advice if you’re in this situation, especially if you already have parenting orders in place.

What Happens in Court?

At the court hearing, a magistrate will consider the evidence and decide whether to grant a final protection order. You may need to attend court, especially if the respondent opposes the application.

If both parties agree, or the respondent doesn’t show up, the order can be made without a contested hearing.

If contested, you’ll need to give verbal evidence, and witnesses may be asked to speak. The court making the order will assess the credibility and relevance of your evidence.

The court can impose conditions such as:

  • No contact of any kind
  • Staying a certain distance from you, your home or workplace
  • Preventing them from owning weapons

Maximum Penalties & Breaches

Breaching a domestic violence order DVO is a criminal offence. The maximum penalty for a breach is up to 3 years in prison (or 5 years for repeated breaches).

It’s important to report any breach to the police immediately.

Legal Help & Support Services

While you can apply on your own, it’s best to seek legal advice before your court date. Family lawyers and domestic violence lawyers can:

  • Help you prepare your evidence
  • Guide you through the court process
  • Represent you in court proceedings

You can also access:

  • Free legal advice through Legal Aid QLD
  • DV Connect and other support services for emotional support, housing and safety planning

If you’re already involved in family law matters, such as parenting or property disputes, your lawyer can integrate DVO concerns into your wider legal strategy.

Extra Considerations

  • The court will look at the domestic violence relationship as a whole, not just one event.
  • If the other party has previously been charged or convicted, this strengthens your application.
  • You can request to give evidence behind a screen or via video link if you’re afraid.

Final Thoughts

If you’re experiencing domestic violence, help is available, and you don’t have to go through this alone. Understanding the evidence you need for a DVO is the first step to securing your safety.

Whether it’s text messages, police reports, or witness statements, the court needs detailed, relevant information to make a protection order. The more you can show a pattern of behaviour and the risk of future domestic violence, the stronger your case will be.

Seek legal advice, gather evidence, and make your application confidently. A domestic violence order is more than a piece of paper; it’s a powerful tool for protection. For further information, contact your local court, a domestic violence service or a domestic violence lawyer near you.