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Being served with a Domestic Violence Order (DVO) application can be stressful and confusing, particularly if you have never been involved in court proceedings before. While a DVO is not itself a criminal conviction, it is a serious legal matter that can carry significant consequences if breached.

Understanding what a DVO means, your legal options, and what happens at court can help you make informed decisions and avoid further complications.

What Is a Domestic Violence Order (DVO)?

A Domestic Violence Order is a court order designed to protect a person from domestic or family violence. In Queensland and many Australian jurisdictions, DVOs can impose legally enforceable conditions restricting certain behaviour.

The person seeking protection is known as the “aggrieved”, while the person responding to the application is referred to as the “respondent”.

A DVO is not automatically a criminal charge. However, breaching a DVO is a criminal offence and can result in arrest, criminal charges, fines, or imprisonment.

What Happens After a DVO Application Is Filed?

Once a DVO application is made, police usually serve the respondent with:

• a copy of the application;
• the proposed conditions of the order; and
• a court date requiring attendance.

The application will outline the allegations relied upon and the conditions being sought.

It is important not to ignore the application or fail to attend court. If you do not appear, the court may still make orders in your absence.

What Conditions Can Be Included in a DVO?

Conditions vary depending on the allegations and circumstances of the matter. Common DVO conditions may include restrictions against:

• committing domestic violence;
• contacting the aggrieved;
• attending certain locations;
• approaching the aggrieved or their family; or
• damaging property.

Some orders may also include conditions affecting communication, parenting arrangements, or living arrangements.

Because conditions are legally enforceable, understanding exactly what the order requires is critical.

Your Options as a Respondent

If you have been served with a DVO application, you generally have several options available in court.

Consent to the DVO

You may agree to the order being made. In many cases, respondents consent “without admission”, meaning they agree to comply with the order without admitting the allegations occurred.

This may resolve the matter without the need for a contested hearing.

Contest the DVO

You may oppose the application and require the matter to proceed to a hearing.

If contested, the court may set a future hearing date where both parties can present evidence. This can include:

• witness statements;
• text messages;
• photographs;
• recordings; or
• other relevant material.

The Magistrate will then decide whether a final DVO should be made.

In the meantime, the court may impose a temporary protection order until the matter is resolved.

Seek an Adjournment

You may ask the court for additional time to obtain legal advice or prepare your response.

This can be important where you have only recently been served or need time to gather evidence.

Why Early Legal Advice Matters

Responding appropriately to a DVO application is important because the outcome can affect employment, family arrangements, firearms licences, professional licences, and future court proceedings.

A lawyer can assist with:

• explaining the allegations and proposed conditions;
• advising whether to consent or contest the order;
• preparing evidence and submissions;
• negotiating conditions where appropriate; and
• representing you in court.

Early legal advice can help ensure you understand your rights and obligations before making decisions that may have long-term consequences.

What Happens if You Breach a DVO?

Breaching a Domestic Violence Order is a criminal offence.

Even where the original DVO application was civil in nature, allegations of breaching the order can result in criminal charges and potentially imprisonment.

Examples of alleged breaches may include:

• contacting the aggrieved contrary to conditions;
• attending prohibited locations;
• sending messages through third parties; or
• engaging in prohibited behaviour online or in person.

Because breaches are treated seriously by courts, strict compliance with all conditions is essential.

Frequently Asked Questions About DVOs

Is a DVO a criminal conviction?

No. A DVO itself is generally a civil order, not a criminal conviction. However, breaching the order is a criminal offence.

What happens if I do not attend court?

The court may still make a final DVO in your absence.

Can I contest a DVO application?

Yes. You can oppose the allegations and require the matter to proceed to a hearing.

What does “consent without admission” mean?

It means you agree to comply with the order without admitting the alleged conduct occurred.

Can a temporary DVO be made before the final hearing?

Yes. Courts can impose temporary protection orders while the matter remains before the court.

Finding the Right Lawyer for a DVO Matter

If you have been served with a Domestic Violence Order application, obtaining legal advice early can help you understand your options and prepare for court.

How Advisent can help

Through Advisent, you can book a fixed-fee consultation with an experienced criminal lawyer, for advice and representation in domestic violence and related court matters.

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About the Author

Amy Soong L.L.B (Hons), L.L.M, BBus (Accy), GradDipLP (QUT) is the Legal Practice Director of Ashworth Lawyers, a leading Brisbane criminal defence law firm founded in 2014. She has been exclusively practising as a criminal defence lawyer in Brisbane for over 16 years. Amy leads a team of the best Brisbane criminal lawyers for all serious and complex crimes in Qld.

This includes extensive experience in successfully defending rape and sexual violence, drugs, fraud, assaults and choking, murder, arson, extortion, kidnapping, money laundering, human trafficking, tax, and aviation offences.

Amy is admitted in the Supreme Court of Queensland and High Court of Australia. She is a Council member of the Society of Notaries in Qld and is a member of the Qld Law Society Wellbeing Working Group. She has achieved numerous recognitions including as a finalist in the Lawyers Weekly Women in Law Awards and under her leadership, Ashworth Lawyers is also recognised as Criminal Law Firm of the Year Qld (APAC Insider Australian Made Awards 2025) and Client Service Excellence Award (APAC Insider Australian Made Awards 2025).