Domestic Violence in Queensland: A guide to Domestic Violence Orders, Police Protection Directions, and Court Applications
Reinke Lawyers is a Brisbane based boutique legal practice which is focused on providing honest, practical guidance to each of its clients. Our lawyers are experienced in appearing for Queensland clients in relation to all facets of domestic violence applications.
In this article, we provide some information about how domestic violence orders work in Queensland, including police protection directions, court applications, and protection order hearings.
In Queensland, persons who are experiencing domestic violence have the ability to obtain protection from the Police and the Court in the form of an enforceable “domestic violence order”. The term “domestic violence order” is somewhat of a vague term however as it really encompasses Police Protection Notices, Police Protection Directions, Temporary Protection Orders, and Final Protection Orders.
What is Domestic Violence?
The term domestic violence has a very broad definition and covers a spectrum of conduct. Drawing from its legal definition, domestic violence means
Behaviour, or a pattern of behaviour, by Person A towards Person B with whom Person A is in a relevant relationship and which is: physically or sexually abusive; emotionally or psychologically abusive; economically abusive; threatening; coercive; or in any other way controls or dominates Person B and causes Person B to fear for their safety or wellbeing, or that of someone else.
The Domestic Violence Act provides examples and explanations of some kind of domestically violent behaviours, see here; and is also discussed in the Domestic Violence Benchbook.
How do I know if I am in a Relevant Relationship?
A person will be in a relevant relationship where that relationship can be categorised as an intimate personal relationship (comprising spousal relationships. Family relationships, and informal care relationships), or a family relationship.
Each of these relationships are defined in the Act, but include:
· people who are spouses or in a de facto relationship;
· parents, former parents, or children of the person;
· people who are engaged to each other;
· people who are in a couple – but not otherwise spouses, de facto, or engaged;
· people who are relatives to each other, including people who are ordinarily understood to be or have been connected by blood or marriage;
· a person who is depended on by another for help in the activity of daily living.
What are my options for getting protection?
If you are in a relevant relationship, and are experiencing domestic violence, you can seek protection in the form of an order by either:
1. contacting the Queensland Police; or
2. making a private application to the Court.
If you need advice about a domestic violence order in Queensland, Reinke Lawyers can help. Contact us using our enquiry page, or call us using the link below.
Help from the Police
If you decide to seek help from the Police, the process will typically involve the police taking a statement from you about the immediate incident which led to your complaint, as well as information about any past incidents and your relationship generally.
If the Police determine that you are in need of protection, they have two options:
1. make a police application to the Court for a domestic violence order, meaning that the Police will be the “applicant” – i.e., the person applying for an order seeking protection for the aggrieved; or
2. issue a “police protection direction” (PPD).
Police Protection Directions in Queensland
From 1 January 2026, Police in Queensland now have the option to issue a Queensland Police Protection Direction (see here for update, and here for some information about these orders from Legal Aid Queensland).
This is a 12-month order which is issued by the Police requiring the respondent (Person A) to not commit domestic violence against the aggrieved (Person B) as well as any other parties named on the order (such as parents, or children).
Importantly, a PPD cannot be issued if it is more appropriate for the matter to go to a Court. It also does not replace a Police Protection Notice.
When can the Police issue a Police Protection Direction?
A PPD can only be issued where the Police reasonably believe that:
· the parties are in a relevant relationship;
· there has been acts of domestic violence committed against the aggrieved;
· a PPD is necessary or desirable to protect the aggrieved;
· there a no circumstances where a PPD must not be issued; and
· it is not more appropriate for the matter to go to Court.
What conditions can be included on a Police Protection Direction?
A PPD will always include the “standard conditions”, including that the respondent be of good behaviour and not commit domestic violence towards the aggrieved and any named persons.
However, it can also include other conditions if the Police think that those are needed to protect the aggrieved. These include:
· no contact conditions;
· ouster conditions;
· return conditions; and
· cool-down conditions.
What happens after a Police Protection Direction has been issued?
Once a PPD has been issued, the order will remain in place for a period of 12 months unless it is reviewed and removed, or another order takes its place.
A PPD cannot be extended beyond the 12-month period of the order. If a person needs protection beyond the expiry of a PPD, they will need to bring an application to the Court for a domestic violence order.
What do you mean by “reviewed”?
The legislative changes which introduced PPD’s also provided a scheme for them to be reviewed after they have been issued. This can either be done by the Police, or by the Court.
Police Review
Within 28 days of the issuing of a PPD, the parties named on that order can seek a police review. The reviewing officer will be of a higher rank than the issuing officer and will engage with the parties in relation to the PPD and seek their response regarding the application.
The reviewing officer then has the power to:
· confirm the PPD, meaning it will remain in force;
· revoke the PPD;
· revoke the PPD and issue a new one with different conditions, or different named persons;
· revoke the PPD and make an application for a protection order to the Court or issue a Police Protection Notice; or
· Revoke the PPD and take other action as per s.100 of the Act.
A review can also occur if the issuing officer becomes aware of new information which was not known or considered at the time of issuing the first PPD. This is done internally and without any application by the parties, although they might be the origin of that new information.
You can read more about police reviews here. A link to an application for a police review is found here.
Court Review
At any time during the operation of a PPD, the parties to that order can apply to the Magistrates Court for a review. In response to the application for court review the Police will file the PPD and the grounds supporting it with the Court, this will then become an application for a protection order (i.e., the same as a usual “court application”).
If the respondent makes the application for a court review and seeks that they be named as the aggrieved, then the usual cross-application provisions will apply.
At the review, the Court will consider the protective needs of all of the parties and whether a protection order is necessary or desirable. The Court can then make any of the orders it is empowered to do under the Act, including issuing a 5-year protection order.
In relation to the PPD, the Court can also:
· Order that it comes to an end on a stated day;
· Order that it be set aside (i.e., never forms part of the persons DV history); or
· Order that the application for a review be dismissed, meaning that the PPD remains in force.
To make an application for a court review, an application form needs to be completed and lodged with the Court (see here). There is a different application form for a review involving a cross-application (see here).
Applying for a Domestic Violence Order in Court
A person who is affected by domestic violence (or a police officer acting as an Applicant) can make an application to the Court for a protection order.
If the application is made by the Police, it will typically be preceded by the police issuing a police protection notice. This is a kind of temporary order that comes into effect from the time it is issued and until a temporary protection order is put in place by the Court.
Sometimes, an application for a protection order will be “urgent”. This means that it is heard by the Court before the respondent has been served or is even aware of the application. Such applications are brought before a Magistrate sitting in a specialist court and determined based on the contents off the application and, usually, a supporting affidavit. If the Magistrate determines that an urgent temporary protection order is needed, they can order one at that time. It will then be served on the respondent along with the substantive application.
If an application is not heard “urgently”, then it will be given a court date and be heard on that occasion by the Magistrate.
What happens at the first mention of the application?
At the first mention of the matter, the Magistrate will review the application and form a preliminary view about it. Typically, the Magistrate will ask the parties how the matter is to proceed (i.e., if it is being contested). If so, they will make orders pursuant to the Domestic Violence Rules about the filing and serving of evidence.
If a matter is to be contested, the Magistrate will also be determining whether a temporary protection order should be made. This requires the Magistrate to be satisfied that a relevant relationship existed and that an act of domestic violence occurred (see here) – not that it is necessary or desirable for a temporary order to be made. This is a very important distinction.
If the matter is not contested, or if the respondent fails to appear in Court, the Magistrate can order that a final protection order is made (either on an agreed or negotiated basis, or the basis of the application). This order will typically remain in place for a period of five years.
What happens at a domestic violence hearing?
A domestic violence hearing proceeds much like any other court hearing, although there are some differences in the way that evidence might be given. At a very high level, each party will attend Court and give their evidence. The Magistrate will hear submissions from the lawyers and police (if they are present) and then decide whether on the evidence as a whole, a domestic violence order should be made.
Legal Advice for Domestic Violence Matters in Queensland
Domestic violence is an extremely complicated area of the law and proceeding through the Courts can be very a difficult, stressful, and emotional time. If you are involved in a domestic violence natter – whether as an aggrieved (victim-survivor) or respondent – we highly recommend that you obtain legal advice from an experienced practitioner.
The lawyers at Reinke Lawyers have a proven track-record of acting for clients in domestic violence matters both as victim-survivor’s seeking protection, and for respondents who have been served with an application. We understand how these matters progress, their nuances, and most importantly that no two matters are the same.
Our approach to each and every matter is to obtain your side of the story. Once we know that, we can provide you with practical advice and the information that you need to make an informed decision about your case.
If this sounds like the kind of help that you need, please reach out to us for a confidential discussion regarding your case. Alternatively, you can use our scheduler to book a time to speak with us about your matter, or lodge an enquiry form with us.
If you’ve been charged with breaching a domestic violence order in Queensland and would like to see how we can help, read about our expertise.
Disclaimer
The information which is contained in this article is of a general nature only and should not be relied upon as legal advice. Every case is unique and it is recommended that you obtain advice which focuses on your specific circumstances.
If you require legal assistance, or any further information, please contact us to speak to one of our lawyers.