DVO in Queensland: Domestic Violence Orders and PGBOs

Queensland does not use AVO or ADVO terminology: family and domestic violence is addressed through a Domestic Violence Order (DVO) under the Domestic and Family Violence Protection Act 2012, threats outside a domestic relationship are addressed through a much older Peace and Good Behaviour Order (PGBO) under a 1982 Act, and a brand new police protection direction has applied since 1 January 2026.

If you are in immediate danger, call 000. For confidential domestic, family or sexual violence counselling and support, contact 1800RESPECT on 1800 737 732, available 24 hours a day.

What Queensland Calls It, and the Two Separate Regimes

AVO and ADVO are New South Wales terms, not Queensland ones. Queensland's own term is Domestic Violence Order, or DVO, made under the Domestic and Family Violence Protection Act 2012. A second, much older and structurally different Act, the Peace and Good Behaviour Act 1982, handles threats outside a domestic relationship through a Peace and Good Behaviour Order. Queensland Courts itself keeps domestic and family violence, and peace and good behaviour applications, as two separate case type categories on its own site, reflecting how differently the two regimes work. See the AVO and protection orders overview for how every state's terminology compares.

Domestic Violence Orders: Types, Grounds and Process

Section 23 of the Domestic and Family Violence Protection Act defines a domestic violence order as either a protection order or a temporary protection order, the latter available pending the protection order decision under section 23(3). Section 25 sets out who can apply: the aggrieved, an authorised person acting for the aggrieved, a police officer under Part 4, or a guardian or attorney for the aggrieved under another Act. A court can also make a protection order on its own initiative when convicting someone of a domestic violence offence, or as the Childrens Court in a child protection proceeding, under section 26.

The test for a protection order, under section 37, requires the court to be satisfied that a relevant relationship exists between the parties, that the respondent has committed domestic violence against the aggrieved, and that the order is necessary or desirable to protect the aggrieved. Temporary protection orders under section 27 arise on adjournment of a proceeding, or on request before the respondent has been served.

Applications are heard in the Magistrates Court, which the Act gives jurisdiction over these proceedings (section 136). There is no filing fee for a DVO application; the standard Form DV01 is lodged at any Magistrates Court. Where cross-applications are made, they are heard together so the court can identify, in the Act's own words, the person most in need of protection, under section 41C.

The New Police Protection Direction, From 1 January 2026

Since 1 January 2026, police have a further tool under Part 4 Division 1A, inserted by the Domestic and Family Violence Protection and Other Legislation Amendment Act 2025, which passed 28 August 2025. A police protection direction lasts 12 months, carries review rights, and is cross-referenced into the Weapons Act's firearms consequences described below. This is genuinely new law that most existing information online, including many general summaries, will not yet reflect. Breaching a police protection direction is an offence under section 177A, carrying the same maximum as a standard DVO breach, up to 3 years imprisonment or 120 penalty units, about $20,724 at the current rate.

Duration

A protection order continues until the day stated by the court, or, if no day is stated, for 5 years after the order is made, under section 97. A court must give reasons if it sets a shorter period, under section 97(4). This 5-year default is notably longer than the fixed defaults some other states use. Section 98 governs when a temporary protection order ends, generally tied to the outcome of the protection order application it supports.

Breach: Penalties Under Section 177 and Related Sections

Section 177, contravention of a domestic violence order, sets a maximum penalty that escalates on a prior conviction rather than through a generic aggravating circumstances multiplier: if, within 5 years before the offence, the respondent was previously convicted of a domestic violence offence, the maximum is 240 penalty units or 5 years imprisonment; otherwise, the maximum is 120 penalty units or 3 years imprisonment. At the current rate of $172.70 per penalty unit, effective from 1 July 2026, that is up to $20,724 for a standard breach and up to $41,448 for a repeat breach within 5 years.

Related offences under the same Act include section 177A for breach of a police protection direction (120 penalty units or 3 years, described above), section 178 for breach of a police protection notice, and section 179 for breach of release conditions.

A word of caution on the dollar conversion: an AI generated search summary encountered while researching this article quoted a stale $15,600 figure for the 120 penalty unit breach, using an outdated per unit rate several years old. Always calculate from the current $172.70 rate; do not rely on a cached or AI generated dollar conversion for a penalty unit figure.

Peace and Good Behaviour Orders: The Non-Domestic Track

For threats outside a domestic relationship, Queensland uses the Peace and Good Behaviour Act 1982, a considerably older Act whose current consolidation is stated as at 25 May 2020, more than 5 years behind the domestic violence Act's own currency. The Queensland Law Reform Commission reviewed this Act in 2007 (Report No. 63) and recommended repealing it and replacing it with new legislation, drafting a replacement Personal Protection Bill for the purpose. Almost two decades later, the Act remains in force substantively unamended.

The mechanism is structurally different from a DVO. Under section 5, a complainant makes a sworn private complaint to a Justice of the Peace, alleging the defendant has threatened to assault or injure the complainant, or someone in the complainant's care, or to destroy or damage property, and that the complainant fears the defendant. The Justice of the Peace can issue a summons or warrant under section 5(2A), and the Magistrates Court hears and determines the complaint under section 7. No police initiated application pathway was found in the Act's own text, unlike the DVO regime's explicit police application route; treat a Peace and Good Behaviour Order as complainant driven unless a Queensland court confirms otherwise for a specific case.

In practice, this means the complainant files a sworn Form 1 complaint and a Form 2 summons at the Magistrates Court registry, and generally arranges service themselves. An application fee applies, though the exact current amount was not published on the Queensland Courts page reviewed for this article. Queensland Courts' own guidance is explicit on the overlap rule: you cannot apply for a Peace and Good Behaviour Order if the defendant is already subject to a domestic violence order with you.

Peace and Good Behaviour Order Duration and Breach

Duration is fully at the court's discretion under section 7(3)(b): the respondent must keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit. No statutory maximum duration was found anywhere in the Act, so no typical or capped period should be assumed for this order type.

Breach is an offence under section 11, carrying a maximum penalty of 100 penalty units or 1 year imprisonment, about $17,270 at the current rate, substantially lower than the DVO breach penalties above, consistent with this being the lighter weight, non-domestic regime. On a breach conviction, the court can also impose a further keep the peace order on top of the penalty, under section 12.

A specific correction worth flagging: Queensland Courts' own Peace and Good Behaviour Order page states a breach fine of up to $12,190. That figure is stale. At 100 penalty units and the current $172.70 rate, the correct maximum is $17,270, and $121.90 per unit was in fact Queensland's rate from 1 July 2016: 100 units at $121.90 is exactly $12,190, which suggests that agency page has not been updated in roughly a decade. Use $17,270, not the figure on that page.

No automatic firearms licence consequence for a Peace and Good Behaviour Order was found anywhere in the Peace and Good Behaviour Act 1982; its one Weapons Act cross-reference is a borrowed firearm definition used in the Act's separate restricted-premises provisions, with no bearing on a respondent's own licence, unlike the explicit links built into the domestic violence order regime described below. This appears to be a genuine, documented gap in the older Act rather than an oversight in researching it.

Firearms and Weapons Consequences for a DVO

The Weapons Act 1990 gives the domestic violence order regime an automatic mechanism, confirmed directly in that Act's own text. Section 27A automatically suspends a weapons licence while a temporary protection order, police protection notice, or release conditions are in force. Section 28A(1) automatically revokes an existing licence the moment a final protection order or police protection direction is made against the holder, with no fitness assessment involved. Section 10B(5)(b) is the separate, forward-looking bar: it treats a final protection order or police protection direction as making the respondent not a fit and proper person to hold a licence for 5 years, the basis for refusing a new grant or renewal. Section 83 of the Domestic and Family Violence Protection Act also removes the standard Weapons Act exemptions that would otherwise apply to police officers or defence force members, for as long as they remain the respondent to a DVO. See firearms licensing in Queensland and the general firearms licence framework across Australia.

Interstate Recognition

Queensland Courts' own National Domestic Violence Order Scheme page defines the scheme entirely around domestic violence orders, meaning protection orders, temporary protection orders, police protection notices, and release conditions under the Domestic and Family Violence Protection Act, and does not mention Peace and Good Behaviour Orders anywhere in its substantive description of the scheme. Combined with Queensland Courts keeping the two order types as separate case categories, this points strongly to Peace and Good Behaviour Orders sitting outside the automatic interstate recognition scheme, consistent with the pattern seen for personal, non-domestic orders in other states. In practice, this means a DVO made from 25 November 2017 onward is automatically enforceable anywhere in Australia, while a Peace and Good Behaviour Order generally needs separate registration in the state or territory where enforcement is needed.

Recording as Evidence

A recording made during an incident, or of a threat, can be relevant to a DVO or Peace and Good Behaviour Order application. Whether making it was lawful depends on Queensland's own surveillance devices consent law, separate from the protection order framework; see Australia's recording laws by state before relying on a recording as evidence.

Related Queensland and Family Law Resources

A DVO can intersect with parenting arrangements after separation; see parenting orders in Australia and how the family court process works. Where the parties are or were in a de facto relationship, see de facto relationships in Australia. A protected person may also have grounds to end a residential tenancy early because of family violence; see breaking a lease in Australia.

This article provides general legal information about domestic violence orders and Peace and Good Behaviour Orders in Queensland, current as of August 2026. It does not address every procedural detail of an individual case. For advice on a specific situation, consult a legal practitioner admitted in Queensland, or contact DVConnect or a community legal centre.

Frequently Asked Questions

What is a Domestic Violence Order in Queensland?

A Domestic Violence Order, or DVO, is made under the Domestic and Family Violence Protection Act 2012 and comes as either a protection order or a temporary protection order that applies while the final application is decided. It can be made on a private application, a police application, or when a court convicts someone of a domestic violence offence.

What is the difference between a DVO and a Peace and Good Behaviour Order?

A DVO applies where a relevant relationship exists and the respondent has committed domestic violence against the aggrieved. A Peace and Good Behaviour Order, under a much older 1982 Act, applies outside a domestic relationship, where someone has threatened to assault or injure a person, or to destroy or damage property. You cannot apply for a Peace and Good Behaviour Order against someone already subject to a DVO with you.

How long does a Queensland protection order last?

A protection order continues until the day stated by the court, or, if no day is stated, for 5 years after the order is made. A court must give reasons if it sets a period under 5 years. A Peace and Good Behaviour Order lasts for whatever period the court specifies in the order, with no statutory maximum found in the Act.

What happens if I breach a DVO in Queensland?

Breaching a DVO under section 177 carries up to 3 years imprisonment or 120 penalty units, about $20,724 at the current rate. If the respondent was previously convicted of a domestic violence offence within the preceding 5 years, the maximum rises to 5 years or 240 penalty units, about $41,448.

What is the new police protection direction in Queensland?

It is a new instrument that commenced 1 January 2026, allowing police to issue a direction lasting 12 months with review rights, sitting alongside the existing protection order and police protection notice options. Breaching it carries up to 3 years imprisonment or 120 penalty units, the same as a standard DVO breach.

Will a DVO affect my weapons licence in Queensland?

Yes. Under the Weapons Act 1990, a weapons licence is automatically suspended while a temporary protection order, police protection notice or release conditions are in force (section 27A), and automatically revoked the moment a final protection order or police protection direction is made (section 28A(1)). A final order or direction also makes the person not a fit and proper person to hold a licence for 5 years (section 10B(5)(b)).

Is a Queensland DVO recognised if I move interstate?

Yes, if it was made from 25 November 2017 onward. It is automatically enforceable anywhere in Australia under the National Domestic Violence Order Scheme. A Peace and Good Behaviour Order is a personal, non-domestic order and is not automatically recognised interstate.

Does a Peace and Good Behaviour Order affect my firearms licence?

No automatic mechanism was found in the Peace and Good Behaviour Act 1982 itself. Its only Weapons Act cross-reference is a borrowed firearm definition used in unrelated restricted-premises provisions, so unlike the domestic violence order regime there is no automatic firearms licence consequence for a PGBO respondent.