Making changes to your domestic violence order
If your name appears on a current Queensland domestic violence order (temporary protection order or protection order), you can apply to make changes to the order if your situation changes. We call this an application to vary the protection order.
You can ask the court to consider changing any domestic violence order, even if a police officer made the original application to the court.
If the court decides to make the changes you are asking for, it will issue a varied order. If the court does not agree to the changes you are asking for, the current domestic violence order will remain in place.
Changes to current orders can include:
- adding or removing conditions
- adding or removing named people (e.g. children, relatives, and associates)
- extending or reducing the time the order is in force.
The court must consider whether the requested changes will reduce your and/or a named person’s safety, protection or wellbeing (if you are the aggrieved or a named person). If you are the respondent they consider whether the requested changes will affect the aggrieved or a named person in this way.
Who can apply to change an order
If you are the aggrieved, respondent, applicant or a named person (e.g. relative or associate named on the order), you can apply to change the current domestic violence order.
If you are the aggrieved person, you can authorise someone else to apply to change the domestic violence order on your behalf.
If you are a named person, you can only apply to change the parts of the domestic violence order that apply to you. For example, you may want the court to change or remove conditions that include you, or you may want the order to stop applying to you.
How to apply to change an order
To apply for changes to your current Queensland domestic violence order:
- fill in the apply to vary your domestic violence order form
- download and print your completed PDF form
- get a JP or Cdec to witness your signature on the declaration section of the form
- lodge your application with a magistrates court by post or at the counter.
To complete the online form you will need to know when and where the current domestic violence order was made. Your current order will have these details on it.
If you do not have a copy of your current order, contact the magistrates court to get these details.
If your current domestic violence order was not made in Queensland, you cannot use this form to make changes to it—you must complete an Application to vary a recognised interstate order – DV4A.
What happens next
After you lodge your application, the police will give (or serve) a copy to the other person listed on the current domestic violence order (the aggrieved or respondent). A copy may also be given to other people named on the order.
You will need to attend court and explain why you need the changes you have asked for. When you lodge your application, you will get a date to come to court—usually in a few weeks.
If you are the aggrieved or a named person, as part of this form you can ask for the court to consider making a temporary protection order before the respondent is served. For example, if you are worried about the respondent’s reaction or your safety before the court date.
If you are worried about your safety when going to court, you can complete a domestic and family violence safety form.
Police receive a copy of all applications to change orders. They may come to court and tell the magistrate whether they agree to the changes you are asking for.
If a police officer applied for the current domestic violence order, or has taken action relating to breaches, you should contact that officer to explain why you want the changes made.
If you are asking to remove conditions that will reduce the protection of the aggrieved, you will need to explain how the circumstances have changed, and how everyone will remain protected from domestic violence.
The safety, protection and wellbeing of people who fear or experience domestic violence, including children, is most important.
The magistrate will listen to you and the police, and make a decision.
Impact on weapons licences
If you have had your weapons licence cancelled because you are the respondent on a current domestic violence protection order, you cannot get your weapons licence back until 5 years after the order was made.
Even if the court agrees to shorten the order, you won’t be able to get your weapons licence back any earlier.
Contact your local courthouse.