Responding to a DVPO application - Centacare Brisbane - catholic support services. providing help. creating hope.

Responding to a DVPO application

Responding to a DVPO application

About Centacare’s DFV court service

We offer a Domestic and Family Violence Court Service for respondents to provide you with information about the court process and assist you with referrals to support agencies. We cannot provide you with legal advice, advocate for you or represent you in court. This crucial time is an opportunity for you to seek help, make positive changes to stop using violence in your relationships and get your life back in order.

 

About Protection Orders

A domestic violence protection order (DVPO) is an official document issued by a Magistrates Court to stop threats or acts of domestic violence.  A DVPO sets out rules that the respondent must obey.

DVPO’s are designed to keep the aggrieved safe by making it illegal for the respondent to behave in specific ways. Specific conditions can be applied for on the order to increase a victim’s safety, including prohibiting the respondent from coming to or within a specified distance of the aggrieved’s residence or workplace.

A DVPO is a civil court order so if one is placed against you it will not appear on your criminal history. However, it is a criminal offence to deliberately ignore or contravene the conditions of an order, and this will appear on your criminal history. A DVPO can be applied for by a police officer or an aggrieved person. In Queensland, DVPO’s are enforced under the Domestic and Family Violence Protection Act 2012.

 

What happens at court?

When a DVPO application is heard in court, it is referred to as the mention or call-over. During this mention a respondent can respond is one of the following ways:

  1. Consent – agreeing with the allegations and all of the conditions of the application
  2. Consent Without Admissions – agreeing to the conditions of the application, but not the allegations
  3. Adjournment – asking for the mention to be rescheduled so you can consult with a solicitor. The court can make a temporary DVPO during the adjournment period.
  4. Contest – disagreeing with the allegations made in the application and with a DVPO being made and requesting a hearing on the matter. The court can make a temporary DVPO until the hearing.