When someone who isn't family or a partner starts making threats, it can feel like there's nowhere to turn. A neighbour over the fence, someone at the local shops, a person you can't avoid. A domestic violence order isn't available in those situations, but a peace and good behaviour order may be.
This guide walks you through how the application works in Queensland, step by step: the forms, swearing them before a Justice of the Peace, filing and fees, and getting the papers served on the other person.
Feeling unsafe and thinking about a protection order? Talk to a senior solicitor about your options.
What is a peace and good behaviour order?
A peace and good behaviour order is made by the Magistrates Court under the Peace and Good Behaviour Act 1982 (Qld). It orders a person (the defendant) to keep the peace and be of good behaviour for a set period, and it can include other conditions the court thinks appropriate.
You can apply if the person has:
- threatened to assault or injure you, or someone in your care,
- threatened to damage your property, or
- got someone else to make those threats,
and you are in fear of them. You can also apply if their deliberate conduct towards you has made you fear they will damage your property.
If you are in a domestic or family relationship with the person, or there is already a domestic violence order between you, a protection order under the domestic violence laws is usually the right path instead. That's because a protection order can include stricter conditions, such as no contact, no approach, an ouster from the home and protection for named children. It can also last for five years, and the consequences of breaching it are much more serious. Read more: How do I apply for a protection order?
Step 1: Gather your evidence first
Before you touch a form, get your evidence in order. The magistrate (and the Justice of the Peace before them) needs to see what was said or done, when, and why it made you afraid.
Useful evidence includes:
- a dated diary of each incident, written as soon as possible after it happened
- video or audio recordings (see Is it illegal to record someone without consent?)
- photos of damage, objects thrown or left on your property, or the person at your boundary
- texts, emails, letters and social media messages
- police event numbers and any cautions or reports
- names and contact details of anyone who saw what happened
Write down the exact words used where you can. "You're going to get what's coming to you" carries far more weight than "he threatened me". For more on evidence, see What evidence is needed in domestic violence cases in QLD?
Step 2: Prepare your documents together
The strongest applications have three documents, all prepared at the same time:
- Form 1: Complaint. This says who you are, who the other person (the defendant) is, which kind of threat or conduct you are complaining about, and the facts. Set out the facts as numbered paragraphs, one incident per paragraph, in date order.
- Form 2: Summons. This is the document that tells the defendant to come to court. Complete it at the same time as Form 1, because the two go to the Justice of the Peace together.
- A supporting affidavit with exhibits. A supporting affidavit is not required. However, it is our process at Elysian Law because, in our experience, it leads to better results. It is your sworn statement of the grounds, with your evidence attached and labelled as exhibits (for example, "Exhibit AB-1 is a true copy of my video recording of this incident").
Both forms are on the Queensland Courts website: Form 1 Complaint (PDF) and Form 2 Summons (PDF). Word versions are on the same page.
Why we file an affidavit from day one
An affidavit isn't required at this first stage. We almost always include one anyway, even a concise version, because:
- the other person understands your case fully from the outset,
- they are put on notice of exactly what the allegations are, and how strong your evidence is, and
- they can get proper legal advice early.
A respondent who can see the strength of the evidence on paper is more likely to accept the order than to contest it. That can save you the time, cost and stress of a hearing.
Step 3: See a Justice of the Peace
Print three copies of each document: Form 1, Form 2 and your affidavit. Take them to a Justice of the Peace with your photo ID. Don't sign anything beforehand.
You can find a Justice of the Peace near you on the Queensland Government website. JPs volunteer at shopping centres, libraries and courthouses. We usually use the Justice of the Peace at the courthouse, simply for ease, because it is in the same place you file your documents.
The JP will:
- confirm your identity,
- watch you sign, and have you swear or affirm that the contents are true, and
- decide whether you have sufficient grounds. That means your complaint is made out and your fear is reasonable.
If the JP is satisfied, they sign and stamp the documents. In some cases a JP may instead refer the matter to mediation (with your agreement) or, in serious cases, issue a warrant.
Step 4: File at the Magistrates Court registry
Take your three JP-stamped copies to a Magistrates Court registry, usually the one closest to where the defendant lives or where the incidents happened.
The registry will:
- give you a court date from its calendar. Civil applications like this are heard on set days. Depending on how busy the court is, that may be once a week or once a month.
- take the filing fee. As at November 2026 the fee for the complaint and summons was $119.40. Court fees usually rise on 1 July each year, so check the current Magistrates Court fee list.
- stamp (seal) the summons and hand you back sealed copies.
Step 5: Serve the sealed documents on the other party
The court does not serve the documents for you. It is up to you to arrange service of the sealed complaint, summons and affidavit on the defendant before the court date.
Use a professional process server
Our strong advice is to always use a professional process server. You are applying because this person frightens you, and people served with these papers are often aggressive. Don't put yourself in that position. A process server usually costs somewhere between $150 and $300. You can find a professional process server in your area with a simple Google search, or your lawyer may be able to recommend one based on their experience.
The affidavit of service
Once the documents are served, the process server gives you an affidavit of service. It is a sworn record of when, where and how the defendant was served. Keep copies and file it or bring it to court. It means the defendant can't later claim in court that they were never served.
If they can't be found
If the defendant can't be served before the court date, tell the registry or the court. The matter can usually be adjourned so service can be tried again. Don't simply stay away from court.
Step 6: The first court date
At the first court date (the mention), a few things can happen:
- the defendant agrees to the order, and the magistrate may make it,
- the defendant doesn't appear, and if service is proved the magistrate may make the order in their absence (or issue a warrant, or adjourn),
- the matter is referred to mediation, or
- the defendant contests it, and the matter is adjourned to a hearing where both sides give evidence on oath.
A word about costs
If the magistrate dismisses the complaint, they can order you to pay the defendant's costs, particularly if the complaint is found to be malicious or made only to annoy. Getting advice on the strength of your evidence before you file is worth it. This is again why it is so helpful to draft an affidavit at the outset. It makes you test your evidence before you file, and it shows from day one that your complaint is genuine and well supported.
What happens if the order is breached?
Breaching a peace and good behaviour order is a criminal offence. The maximum penalty is 100 penalty units or up to one year in prison. If the order is breached, report it to the police.
Let us carry this for you
You shouldn't have to keep looking over your shoulder, or keep living with the fear of what this person might do next. And you shouldn't have to face them in a courtroom on your own.
When you come to us, we take it off your hands and get it done properly, the first time. We prepare your complaint, summons and affidavit, organise your evidence, arrange a process server, and deal with the respondent and the court for you. In most matters, that means you don't have to deal with the respondent or attend court yourself.
That frees you to focus on what matters: your family, your work and getting on with your life.
Our fixed fee for the application stage includes the court filing fee, so you know the cost up front, with no surprises. See our peace and good behaviour order service.
Take the first step today. Book a free 30-minute conference with a senior solicitor, by phone or Teams, and find out where you stand.
Frequently asked questions
What forms do I need for a peace and good behaviour order in Queensland?
Form 1 (Complaint) and Form 2 (Summons), from the Queensland Courts website. A supporting affidavit with your evidence attached is often filed as well.
How much does it cost to file?
As at November 2026 the court filing fee for the complaint and summons was $119.40. Fees usually rise each 1 July.
Do I have to serve the papers myself?
No, and we strongly advise against it. A professional process server can serve them, usually for $150 to $300, and gives you an affidavit of service to prove it.
Can I get a peace and good behaviour order against my ex-partner?
Usually not. Where there is a domestic or family relationship, a domestic violence protection order is the right application.
This guide is general information only and is not legal advice. Every matter is different, so please speak with us about your situation.
You don't have to work this out alone
Our family law and domestic violence experts can help you understand your options and prepare your application. Your first conference is free and confidential.
