Cross DVO Applications Must Now Be Heard Together

What is a cross application DVO?

In Queensland, a cross-application for a Domestic Violence Order (DVO) occurs when two individuals in a relevant relationship (such as intimate, family, or informal care relationships) each seek a protection order against the other. This often arises in cases of conflicting allegations of domestic violence or when both parties claim to be acting in self-defence.

A cross-application involves the submission of a DVO application (or on behalf of) the aggrieved, along with, or followed by, an application for a DVO made by (or on behalf of) the respondent listed on the original DVO application. Cross applications can be submitted by both police and individuals.

How DVO cross applications are now handled by courts

Recent amendments to Queensland’s Domestic and Family Violence Protection Act 2012 (‘DFVPA’) have reshaped how courts handle cross applications, where both parties seek protection orders against each other.

In circumstances where there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection, the Courts must determine who is the person in most need of protection. (s4(e)(i).

In 2015, the “Not Now, Not Ever” report recommended changes to the DFVPA to require courts to “consider concurrent cross applications at the same time and a later application and related cross application or order (s41 at the time gave the court a discretion to hear the cross applications together’.).

Under the updated legislation, cross applications must now be heard together unless exceptional circumstances apply. This ensures the court can assess the full context of the relationship and avoid conflicting or duplicative orders.

The party who is in most need of protection

Most notably, the court is now required to determine which person is “most in need of protection”. Section 22A of the DFVPA outlines how courts must assess which party requires the protection order. The court must consider the behaviour of both parties in the context of the relationship as a whole.

A person is deemed most in need of protection if:

The other party’s behaviour is abusive, threatening, coercive, or controlling, and causes fear for safety or wellbeing (including that of children or pets); or

Their own behaviour is more likely to be:
- In self-defence
- In retaliation to abuse
- A result of the cumulative impact of the other party’s violence

Factors the court must consider

The court must weigh:

The history and severity of domestic violence;
The level of fear experienced by each party;
Each person’s capacity to cause harm or exert control; and
Any vulnerabilities, such as age, disability, cultural background, or marginalised identity

Only one protection order will be made unless there is clear evidence that both parties require separate orders.

This legislative shift reinforces the principle that domestic violence is not mutual conflict, it is a pattern of abuse and control.

How Elysian Law Help

Elysian Law Solicitors has proven experience dealing with the complexities of cross applications in Domestic and Family Violence Proceedings. Where there are conflicting allegations of domestic violence, it is imperative that you receive legal advice and expert representation to place the best evidence before the Court for the Court to determine who is most in need of protection.

Contact Elysian Law team for confidential free consultation and discuss our fixed fees and payment plans.

For more information about your rights and legal options if you’re responding to a protection order or facing domestic violence-related allegations, you can explore our dedicated legal services:

At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation and holistic care.

Urgent assistance and legal support for DVO applications. If you are in urgent danger, immediate action is needed.

For urgent danger, call the police on Triple Zero – 000
Urgent housing, call Womensline 24/7- 1800 811 811
Legal support – Once you’re safe, contact us for guidance on applying for a (DVO). We will assist you through the process and ensure your legal rights are fully protected.

In an emergency, always call 000.