Quick answer
Served with a DVO application in Queensland? Understand the five-year line first: a final order lasts five years by default, and a final order means no weapons licence for five years. Your five options at the mention, why the order is civil but breaching is criminal, and how to prepare.
What this video covers
- Introduction (0:00)
- Served with a DVO (0:04)
- The Queensland numbers (0:25)
- Five options at the mention (0:52)
- Civil order, criminal breach (1:21)
- Weigh it as a five-year decision (1:49)
- Before the mention (2:15)
- Turn up prepared (2:41)
- Free help, any hour - 1800 577 015 (3:06)
Transcript
You have been served with a domestic violence order application in Queensland, maybe with a police protection notice on top. These orders exist to keep people safe. And before you decide anything about yours, there is one Queensland number you need to understand better than any other. Five. Here is why. A final protection order in Queensland lasts five years by default. The court has to give reasons to make it shorter. A final order also means any weapons license is revoked, and you cannot hold one for five years. And from the moment you were served, the conditions already bind you. Three numbers.
Five, five and day one. At the first mention you have five options. Consent to the order outright. Consent without admissions, so the order is made but you admit none of the allegations. Ask the court to adjourn so you can get advice. Oppose it and the matter heads towards a trial. Or do nothing and stay home, in which case the court can simply make the order in your absence and not on the gentle terms. Keep the legal nature straight, because it calms the panic and sharpens the thinking. The order itself is civil. It is not a criminal charge, and consenting to it does not give you a criminal record.
But breaching any condition is a criminal offense. And the protected person cannot excuse a breach, even by inviting you over. Until a court changes the order, the order is the order. So weigh the consent decision like the five year commitment it is. Consenting without admissions can absolutely be the right call it avoids a trial and keeps allegations untested. But five years of conditions can touch where you live, your children, your work, and any license you hold. This is a decision to make with advice, not under fluorescent lights in a court hallway.
Before the mention: Follow every condition on the notice from today, especially about contact and the home. Do not message the other person, even kindly, even about practical things, unless the order allows it. Put your account in writing while it is fresh. And get legal advice before you stand up in court, because what you say at the mention sets the track for everything after. Five options, one five year default and a first mention that sets the direction. Queensland gives you a real process and it rewards the people who turn up prepared.
If you want to talk yours through tonight, our hotline is free to call at any hour, and a consultation with a lawyer is a fixed price. The number is on your screen.
Important
This video provides general legal information for Queensland. It is not legal advice and does not take account of your circumstances. Laws and court processes change. For advice about your situation, speak with a qualified lawyer.