In Queensland to apply for a Domestic Violence Order (DVO), you will need to prove that you share a specific ‘relevant relationship’ with the person committing the violence. These ‘relevant relationships’ fall into three main categories: intimate personal relationship, family relationship (blood and non-blood relatives) and informal care relationships. You’ll need evidence that demonstrates a pattern of abusive, threatening or controlling behaviour. That evidence doesn’t have to be a police report or proof of physical violence. Courts will consider the full picture, including behaviour that is emotionally or verbally abusive, coercive in nature, financially controlling, or psychological abuse.
Evidence can include text messages, emails, photographs, medical records, witness statements, and any other documentation that supports your account. The more detailed and consistent your evidence, the stronger your case.
Below we walk through what counts, how to gather it safely, and what to expect when you submit a report to police or a private application.
If you are in immediate danger, call 000. For crisis support, contact DV Connect on 1800 811 811 (24 hours) or 1800RESPECT on 1800 737 732.
Your safety comes first
Gathering evidence matters, but it should never put you at greater risk. Before you begin collecting documents or recording incidents, take practical steps to protect yourself and your children.
If you or someone you know (including a child) is being physically or sexually harmed or threatened with physical or sexual harm or is otherwise at risk or being harmed and the issue needs to be addressed urgently you should call “000”.
If you have been harmed, you should consider seeing a doctor or going to hospital so that you can receive treatment and so that your injuries can be documented and you should also contact the police.
Physical safety steps:
Consider changing the locks on your home if it is safe and legal to do so. Install security cameras around your property if possible. Make sure your children’s school or childcare centre knows who is and is not authorised to collect them. Keep a bag packed with essential documents (passport, birth certificates, bank cards, medication) just in case you need to leave quickly.
Digital safety steps:
This point deserves its own attention. Victims of domestic violence are sometimes monitored through their own devices without their knowledge. An abusive partner may have access to your phone location, your emails, your iCloud, Google account, or apps that track your activity.
Before you research your legal options, consider using a private or incognito browser window so your search history is not saved. If your device may be compromised, use a trusted friend’s phone or a library computer instead. Check whether location sharing is enabled on your device and whether you have any shared cloud accounts that the other person can access. Change your email password and unlink any shared accounts. If you have concerns about spyware, seek IT security advice.
Support services:
DV Connect can link you with services and financial assistance designed to help protect you, including emergency accommodation, safety planning, and court support. They can also help you think through next steps before you speak to police or a lawyer.
What is a DVO and what does it do?
A Domestic Violence Order (DVO) is a civil court order made under the Domestic and Family Violence Protection Act 2012 (Qld). It is designed to protect a person who has experienced domestic violence from further harm. At Lander Solicitors, we work with clients navigating this process every day.
A DVO can require the respondent (the person the order is made against) to stop committing acts of domestic violence. It can prevent them from approaching you, contacting you, coming to your home or workplace, or approaching your children. The specific conditions are tailored to your circumstances.
DVOs are civil orders, not criminal charges. The respondent does not get a criminal record simply because a DVO is made against them. However, breaching a DVO is a criminal offence.
Children and DVOs: Children can be listed as protected persons on a DVO. If you have children, the court will specifically consider their safety when assessing whether an order is necessary or desirable. You can ask for your children to be included in the order, and this is something a lawyer or DV Connect can help you with.
Who can apply for a DVO?
If you are unsure whether your relationship qualifies, speak to a lawyer or contact Legal Aid Queensland.
What evidence do you need for a DVO?
To succeed in a DVO application, you need to satisfy the court of three things:
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- You were in a relevant relationship (as outlined on the Legal Aid website).
- An act of domestic violence occurred. This includes physical violence, but it also includes verbal abuse and name-calling, emotional abuse, psychological abuse, coercive control, financial abuse, property damage, and threats. Many people are surprised by how broadly the law defines domestic and family violence.
- The DVO is necessary or desirable to protect you from further domestic violence. This is a lower threshold than people often assume. You do not need to prove the abuse beyond reasonable doubt (that is the criminal standard). In civil proceedings like DVO applications, the court applies the balance of probabilities, which means it is more likely than not that the violence occurred.
What does coercive control look like?
Many people who have experienced emotional or psychological abuse struggle to identify it as domestic violence. Understanding coercive control and its impact on family law cases can help you recognise whether what you have experienced meets the legal definition. If any of the following sound familiar, it may be coercive control:
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- Your partner monitors your movements and demands to know where you are at all times
- You need permission to leave the house, see friends or family, or spend money
- Your partner controls access to your bank accounts or puts you in debt without your knowledge
- You are regularly criticised, humiliated, or called names in private or in front of others
- Your partner threatens to harm you, your children, or themselves if you leave
- You feel frightened of your partner’s reactions and find yourself changing your behaviour to avoid upsetting them
These patterns of behaviour are recognised under Queensland law. You do not need to have been physically struck to have a valid case.
Types of evidence that can support your DVO application
The following types of evidence are commonly used in DVO applications Queensland. You do not need all of them. A combination of several types, or even one strong source, may be enough.
1. Photographs
Photographs of visible injuries, damaged property, broken items, or the scene of an incident can be powerful evidence. Take photos as soon as possible after an incident and make sure they are date-stamped. Include multiple angles and store copies somewhere the respondent cannot access, such as a private cloud account or with a trusted person.
2. Written Evidence
Text messages, emails, voice messages, and social media messages are some of the most useful forms of evidence in DVO applications because they are direct records of what was said.
Take screenshots of relevant messages and save them somewhere secure. Note the date and time of each message. If messages have been deleted, a lawyer may be able to advise you on whether they can be recovered.
3. A Diary of Events
A written record of incidents is highly valuable, especially for establishing a pattern of behaviour over time. You can start this at any timey. For each entry, record:
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- Date, time, and location
- What happened (specific description)
- What was said (direct quotes if possible)
- How you felt physically and emotionally
- Any witnesses present (name and relationship)
- Any injuries or property damage
- What you did immediately afterwards (called a friend, left the house, contacted police)
The more detail you can include, the better. Courts respond well to accounts that are specific and grounded in fact.
4. Witness evidence
If someone witnessed an incident or its aftermath, their account could corroborate yours. This might be a neighbour who heard an argument, a friend you called afterwards, a family member who saw your injuries, or a colleague who noticed a change in your behaviour.
If police attended an incident, ask them to interview any witnesses at the time. Witness accounts obtained close to an incident are generally more reliable than those recorded later.
5. Body camera footage
If police or ambulance officers attended an incident, they may have recorded body camera footage. This can be very valuable evidence. Ask your lawyer or the police about how to obtain this footage. Act quickly, as body camera recordings may not be retained indefinitely.
6. CCTV footage
Security cameras at your home, at a neighbour’s property, at a petrol station, shopping centre, or on the street may have captured an incident. CCTV footage is often overwritten after a short period, sometimes as little as 72 hours. If you believe CCTV footage exists, seek legal advice immediately so steps can be taken to preserve it.
7. Recordings
Queensland law generally permits you to record a conversation that you are part of. However, how a court treats that recording can depend on the context and circumstances. In some cases, recordings made by a victim have been perceived as evidence of intimidating behaviour by the other party, which can complicate your case rather than strengthen it.
If you have recordings, do not discard them, but get legal advice before relying on them as your primary evidence. A lawyer can quickly assess whether what you have will help your case.
8. Reports to police
If you have previously reported incidents to police, or other parties have done so, those reports form part of your history. Even if police did not take action at the time, the reports are a record that incidents were reported. You can request copies of police reports that relate to you.
9. Bank statements and financial records
For financial abuse or coercive control, bank statements can be compelling evidence. They may show that your partner controlled your accounts, made withdrawals without your consent, accumulated debt in your name, or restricted your access to funds. Print or screenshot relevant statements and store them securely. If domestic violence has also affected your financial position, it is worth understanding how family law and domestic violence intersect with property settlement as you plan your next steps.
10. Insurance claims and repair receipts
If the respondent damaged your property, insurance claims, repair quotes, or receipts can corroborate your account and establish the seriousness of an incident.
What if you don’t have much evidence?
The civil standard of proof means you do not need to prove your case beyond reasonable doubt. A consistent account from you alone, supported by even limited documentation, can be enough. Courts understand that domestic violence often occurs in private, and that victims are not always able to collect evidence at the time. It’s in these types of scenarios, that a log or a diary of events is critical.
A pattern of incidents, even if each one seems minor in isolation, can establish a case. Courts look at the cumulative effect of behaviour. What feels to you like “not enough” may be more than sufficient.
Speak to a lawyer before deciding that your evidence is too weak to proceed. They will see your situation more clearly than you can from the inside.
What does the DVO application process look like?
Understanding what happens after you apply can reduce the anxiety of taking that first step. Here is a simplified overview.
Step 1: Making the application. You can apply for a DVO yourself at a Queensland Magistrates Court, or a police officer can apply on your behalf. If you are in immediate danger, police can issue a Police Protection Notice on the spot, which provides protection before a court order is made.
Step 2: Temporary Protection Order. When you apply, the court can make a Temporary Protection Order (TPO) the same day, before the respondent is even notified. This gives you immediate protection while the matter is scheduled for a hearing.
Step 3: Service on the respondent. The respondent is formally notified of the application and the conditions of the TPO. The Temporary Protection Order remains in force during this period.
Step 4: Mention hearing. Both parties attend court (usually within a few weeks). The respondent can agree to the order, consent without admissions, or contest it.
Step 5: Contested or uncontested outcome. If the respondent agrees, the order can be finalised at the mention. If they contest it, the matter is set down for a hearing where evidence is presented. This is where having organised documentation makes a significant difference.
You do not need a lawyer to apply, but having one can significantly improve the outcome, particularly if the respondent is likely to contest the order. If you are also navigating separation alongside a DVO application, it is worth reading about what classifies as domestic violence in Queensland to understand the full scope of your legal protections.
What happens after you have the evidence?
Once you have gathered what you can, your next steps are:
Speak to a lawyer. A family lawyer experienced in domestic violence orders in Queensland and related matters can assess your evidence, advise on the strength of your application, help you organise your material, and represent you at court if needed.
Contact police. If violence has occurred, reporting it to police creates an official record and may result in police applying for the DVO on your behalf.
Consider Legal Aid Queensland. If you cannot afford a private lawyer, Legal Aid Queensland provides free or subsidised legal assistance for DVO matters. You can find information at legalaid.qld.gov.au. Queensland also has community legal centres that offer free DVO advice to people who do not qualify for Legal Aid. Your nearest community legal centre can be found through the Queensland Law Society or Community Legal Centres Queensland.
Domestic Violence Order FAQs
Yes. You can apply directly to a Queensland Magistrates Court without police involvement. Police involvement is not required. However, if violence has occurred, reporting it to police creates an official record and may strengthen your application.
Yes. Queensland’s domestic violence laws specifically include verbal and emotional abuse, psychological abuse, economic abuse, and coercive control. You do not need to have experienced physical violence to be eligible.
Yes. Children can be listed as protected persons on a DVO. If your children have been present during incidents of violence, witnessed abuse, or are at risk, you should ask for them to be included in the order.
There is no filing fee for DVO applications in Queensland. If you have a lawyer, their fees will vary. Legal Aid Queensland and community legal centres can provide free or low-cost assistance if you qualify.
Breaching a DVO is a criminal offence in Queensland. If the respondent contacts you, approaches you, or violates any condition of the order, you should contact police immediately.
Yes. A DVO can be relevant to parenting and property matters. If you are also dealing with separation or custody issues, it is important to speak to a lawyer who can advise you on both aspects.
No, you won’t be able to apply for a DVO if you are not in a relevant relationship with the person. You should instead seek legal advice for your options.
You May Have More Than You Think
Taking action starts with understanding your options. Contact Lander Solicitors Queensland for advice on your situation and your next steps.
If you are in immediate danger, call 000. For crisis support, contact DV Connect on 1800 811 811 (24 hours) or 1800RESPECT on 1800 737 732.
Get in touch today to arrange a private consultation.
