How do i get a AVO Domestic violence order in Queensland Australia against my partner?

Question

Does anyone know how i can get one? I know i have to go to the court house but what is the process in getting one?

Answer 1

You need to approach your local court house. Ask the clerk at the window for an application for a domestic violence order (DV1). There is usually someone there who can assist you in filling out the application. The other option is to approach your local police station and ask for the same form and some help in filing it out.

What will happen is that a summons will be drawn up and served upon your partner (ex as the case may be) and court date set. You can be assisted by police in court and then the magistrate decides on the balance of probabilities if domestic violence has occurred.

There are three things you MUST satisfy in order to obtain a DVO.

1. Domestic violence (abuse, violence, threats, unwanted sexual advances) has occurred in the past.

2. That it is still occurring.

3. and that it is likely to occur in the future. (past behaviour is always a good predictor of future behaviour.)

Hope this helps