Gatenby Law
  • Home
  • Our Firm
    • Our Team
    • Our Services
    • Media
    • Work with Us?
  • The Law
    • Drug Offences
    • Criminal Law
      • Assault Offences
      • Property Offences
      • Breach Offences
      • Dishonesty Offences
      • Prostitution Offences
      • Public Order Offences
      • Sexual Offences
      • OMCG and Serious Crime Offences
      • White Collar Offences
    • Traffic Offences
      • Dangerous Driving
      • Careless Driving
      • Disqualified Driving
      • Drink Driving
      • Drug Driving – Driving while relevant drug is present
      • Drug Driving – Drive under the influence of a drug
      • Speeding
      • Unlicensed Driving
      • Hooning Laws
      • Street Racing
    • Licence Applications
      • Work Licence Application
      • Removal of Licence Disqualification
      • Immediate Licence Suspension
      • Special Hardship Order
    • Domestic Violence
    • Police Interviews
    • Bail Applications
  • Contact Us
  • Resources
    • Guides
    • Publications
    • Queensland Police Stations – Contact Details
    • Criminal Convictions
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Criminal Record, Recorded Convictions and your rights.
      • Disclosure of ‘no conviction recorded’
      • Applying for a Blue Card with a Criminal Conviction.
  • FAQ’S
    • Costs / Fees
    • Courts We Attend
  • GCL Blog
  • Pages
    • Pages

      • #4233 (no title)
      • 404
      • About
      • About Gatenby Lawyers
        • Michael Gatenby
        • Work with Us?
      • Alcohol interlock devices
      • Applying for a Blue Card with a Criminal Conviction.
      • Articles & Media
      • Ashleigh Smith
      • Breach of Bail
      • Bree Clarke
      • Brisbane Courts
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Character Reference Guidelines – District Court
      • Character Reference Guidelines – Supreme Court
      • CHARACTER REFERENCE GUIDELINES- MAGISTRATES COURT
      • Community Based Orders
      • Community Service – Requirements of Order
      • Consorting – Relevant Offence Definitions
      • Contact Us
      • Contact Us
      • Contact Us / Criminal and Traffic Law Experts
        • Criminal Lawyers Gold Coast
      • Courts We Attend
      • Criminal Convictions
      • Criminal Law – Affray
      • Criminal Law – Aiding Suicide
      • Criminal Law – Assaults Occasioning Bodily Harm
      • Criminal Law – Common Assault
      • Criminal Law – Grievous Bodily Harm
      • Criminal Law – Malicious Acts
      • Criminal Law – Serious Assault
      • Criminal Law Services
        • Bail Applications
        • Criminal Law
          • Assault
          • Breach Offences
          • Dishonesty Offences
          • Property Offences
          • Prostitution Offences
          • Public Order Offences
          • Sexual Offences
          • White Collar Offences
        • Domestic Violence
        • Forms
        • Licence Applications
          • Immediate Licence Suspension
          • Removal of Licence Disqualification
          • Special Hardship Order
        • Police Interviews
        • Traffic Offences
          • Careless Driving
          • Dangerous Driving
          • Disqualified Driving
          • Drink Driving
          • Drug Driving – Drive under the influence of a drug
          • Drug Driving – Driving while relevant drug is present
          • Hooning Laws
          • Speeding
          • Street Racing
          • Unlicensed Driving
          • Work Licence Application
      • Criminal Record, Recorded Convictions and your rights.
      • Demi Quadrio
      • Disclosure of ‘no conviction recorded’
      • Dishonesty Offences – Bringing Stolen Goods into Queensland
      • Dishonesty Offences – Computer Hacking and Misuse
      • Dishonesty Offences – Dealing with Identification Information
      • Dishonesty Offences – Demanding Property with Menaces to Steal
      • Dishonesty Offences – Extortion
      • Dishonesty Offences – Fraud
      • Dishonesty Offences – Money Laundering
      • Dishonesty Offences – Petrol Drive Off
      • Dishonesty Offences – Possess Property Suspected of Being Tainted Property
      • Dishonesty Offences – Receiving Tainted Property
      • Dishonesty Offences – Robbery
      • Dishonesty Offences – Stealing
      • Dishonesty Offences – Stealing as a servant
      • Dishonesty Offences – Unauthorised Dealing with Shop Goods (UTAG)
      • Do I Need A Lawyer?
      • Drug Charges – Permitting Use of Place
      • Drug Charges – Possessing Dangerous Drugs
      • Drug Charges – Possessing Things
      • Drug Charges – Produce Dangerous Drugs
      • Drug Charges – Supplying Dangerous Drugs
      • Drug Charges – Trafficking in Dangerous Drugs
      • Drug Offences
      • EXPERT TRAFFIC LAW ADVICE – (07)55800 120
      • FAQ’S
        • Costs / Fees
        • Forms
      • Fixed Fees
      • Glossary
      • Guides
      • Home
      • Home Page
      • Legal Aid
      • Make an enquiry
      • Media
      • New Client
      • News
      • Offender Levy
      • OMCG and Serious Crime Offences
      • OMCG Laws – Contravene Order to Access Information
      • OMCG Laws – Contravene Public Safety Order
      • OMCG Laws – Contravening Restricted Premises Order
      • OMCG Laws – Habitually Consorting
      • OMCG Laws – Hindering Removal of Fortification Order
      • OMCG Laws – Recruiting person to become member of a criminal organisation
      • Our Firm
      • Our Offices
      • Our Services
      • Our Team
      • Patricija Nedeljko
      • Police Interviews
      • Police Stations We Attend
      • Possess Unregistered Firearms
      • Preparing For Your First Appointment?
      • PROBATION – REQUIREMENTS OF ORDER
      • Property Offences – Arson
      • Property Offences – Break and Enter
      • Property Offences – Burglary
      • Property Offences – Possess Implements of Housebreaking
      • Property Offences – Trespass
      • Property Offences – Unlawful Entry of a Dwelling
      • Property Offences – Unlawful Entry of Motor Vehicle
      • Property Offences – Unlawful Use of a Motor Vehicle
      • Property Offences – Wilful Damage
      • Publications
      • Qld Drug Offences
      • Qld Drug Offences Copy
      • Qld Weapons Offences
      • Queensland Police Stations – Contact Details
      • Services
      • Testimonials
      • Testimonials-01
      • Testimonials-02
      • Weapon Categories
      • What Court Will I Go To?
      • White Collar Offences – Corporate Fraud
Domestic violence bail
March 6, 2017

DV Applications: How To Apply For A Domestic Violence Order

M. T. Gatenby Domestic Violence Domestic Violence Law

Domestic violence bailIf you are in a domestic relationship and the subject of domestic violence you may be eligible to complete a DV application for a Domestic Violence Protection Order.  The person applying for the Order is called the Applicant.  The person being served with the application is the Respondent.

The process is relatively straightforward.  Domestic Violence Legislation is aimed at protection rather than punishment. The process has been simplified to ensure that DV applications can proceed in the best interests of the parties.  The clear intention of the legislation is to act protectively.

You need to attend the Registry of your nearest Magistrates Court and obtain an Application for a Domestic Violence Protection Order.

A DV Application can also be downloaded online.

Completing the DV Application.

You should complete the DV Application providing as much detail as you can to ensure that the Magistrate understands your situation.

You can apply for an urgent Temporary Protection Order. The Court registry staff can assist you with this. An urgent Temporary Protection Order (TPO) is an Order that is made in the absence of the Respondent, or person from whom you are seeking protection. If a Magistrate decides that it is necessary and desirable they can make an Order protecting you from the Respondent on a temporary basis, until the Respondent is served and appears in Court.

You do not need to serve the DV Application on the Respondent, the Police will look after this for you.

MENTION

Generally, unless you have an urgent Temporary Protection Order Application, the Registry will list your matter for a “Mention” three to four weeks after your DV Application is lodged. This is not a Hearing date and often the matter will not be finalised.

This is simply a date where the Magistrate is advised what is happening with the application. In some instances the Respondent will not have been served and the matter will need to be adjourned for another Mention.

Where the Respondent has been served and simply does not attend Court, the matter may proceed to finalisation. A Magistrate may grant a final Order where there has been no appearance by the Respondent.

If the Respondent has been served and consents to the making of an Order, the Magistrate may grant the final Order and the matter will be at an end.

If, however, the Respondent does not consent to the making of the Order the matter maybe listed for a Hearing.

HEARING

The Hearing of a Domestic Violence Application is conducted before a Magistrate.  They will determine:

  1. whether a domestic relationship exists;
  2. whether an act of domestic violence has occurred; and
  3. whether it is necessary and desirable for a Protection Order to be made.

At the Hearing your evidence may be by way of Affidavit or alternatively you may be required to give evidence by sitting in the witness box.

If the Respondent does not agree with what you say, they have an opportunity to cross-examine you either in person or through their legal representative.

The Respondent may also give evidence by way of an Affidavit or in person, in the witness box. You are also entitled to cross-examine the Respondent if you do not agree with what they say.

An Applicant has the opportunity to have the Police Prosecutor appear on their behalf or alternatively they can have a private Domestic Violence Lawyer or a Legal Aid Solicitor appear.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Responding to a Domestic Violence Application Work Licence for Drug Driving Offences

Related Posts

Grievous Bodily Harm

Comparative Sentences, Domestic Violence, Penalties

Attorney General successfully appeals GBH sentence .

Domestic Violence

Cases, Domestic Violence

Recording of Conviction – DV

Plane Migration

Domestic Violence, Laws

Domestic Violence Affecting Migration

Contact Details

Office: (07) 5580 0120
Fax: (07) 5580 0952
Michael Gatenby: 0457 999 022

Demi Quadrio: 0477 800 620
Ashleigh Smith: 0477 800 421
Patricija Nedjelko: 0477 800 880

Gatenby Law
Copyright © 2019 Gatenby Criminal Lawyers, All Rights Reserved

News

  • Case NotesLegal professional privilege
  • New Supreme Court Judges Appointed.
  • Case NotesCase Note Update- Pre-sentence custody declaration.

Southport

Suite 6, Level 2
Excalibur House
52 Davenport St
Southport Qld 4215

Coomera

Suite 3, East Wing
Fortune Place
2 Fortune Street
Coomera Qld 4209

Postal

PO Box 1672
Southport BC 4215