Domestic Violence
Facing a Domestic Violence Situation in Queensland?
If you're facing a domestic violence situation, it’s important to understand your rights and options under the law. At RHC Solicitors, we provide experienced legal support to help you navigate domestic violence protection orders, whether you're seeking protection or defending against an order.
Emergency Help or Support
This page discusses domestic and family violence, and coercive control. Call Triple Zero (000) and ask for Police if you are in a dangerous or life-threatening situation. If you don't want to speak to the police you can also call DV Connect on 1800 811 811 or 1800 RESPECT on 1800 737 732.
On This Page:
2025 Upcoming Changes to Domestic Violence Laws in Queensland
From 26 May 2025, coercive control will become a criminal offence in Queensland.
It will be against the law for an adult to engage in abusive behaviour towards a current or former intimate partner, family member, or informal (unpaid) carer with the intent to control or coerce them. The offence of coercive control will carry a maximum penalty of 14 years imprisonment.
Legal Support for Domestic Violence Matters
Since the Domestic and Family Violence Protection Act 2012 came into effect, Queensland law offers strong protections for those experiencing domestic or family violence.
If you’re in need of protection, the court can issue a Domestic Violence Protection Order, which is a civil order designed to stop another person from threatening or harming a victim. These orders can include conditions such as not contacting the victim, restrictions from certain places or maintaining a specific distance from the victim and so on.
Breaching a Protection Order is a criminal offence and can lead to imprisonment.
Our experienced family law team can help with:
Preparing applications
Court appearances
Varying Domestic Violence Protection Order conditions
Defending applications
Registering Interstate Domestic Violence Protection Orders
Representing contraventions or breach allegations
What is Domestic Violence?
Domestic violence occurs when one person uses controlling or dominating behaviour that causes another person to fear for their safety and wellbeing.
It is a pattern of abusive and controlling behaviour that can take many forms, and may arise in intimate relationships, within families or in informal care settings.
Domestic Violence is defined very broadly in section 8 of the Domestic and Family Violence Protection Act 2012 (Qld) as:
“… behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that… is physically or sexually abusive… is emotionally or psychologically abusive… is economically abusive… is threatening… is coercive… in any other way control or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else…”
What Is Considered Domestic Violence?
There are many examples of what constitutes domestic violence, including (but certainly not limited to):
Threatening a person or their property
Damaging property
Injuring another person physically (hitting, biting, punching, strangulation, slapping, grabbing, pulling hair and so on)
Stalking, following or even remaining outside another person’s place of work or home
Reading text messages, emails, viewing browsing history or social networking sites without consent or knowledge
Forcing another person to engage in sexual activities
Causing another person to harass, injure, intimidate or threaten you
Threatening you, a child, someone else or themselves with harm or death, including suicide
Threatening to end a relationship
Controlling your finances, or otherwise preventing you from access
Preventing the maintenance of relationships with family, children, friends or otherwise
What is a Relevant Relationship?
A ‘relevant relationship’ is defined as “an intimate personal relationship; or a family relationship; or an informal care relationship.”
An intimate personal relationship is a spousal relationship, or a parent or former parent of a child.
A family relationship means two people that are related in the sense that they are or were formerly connected by blood or marriage.
An informal care relationship is when one person is, or was formerly, dependent on the other person for help with activities or daily living (e.g. carers).
Domestic Violence Protection Orders
A Domestic Violence Protection Order is a civil order by a Court which orders one person (usually a respondent) to do or refrain from doing certain things against another person (usually an aggrieved person).
When Can a Court Make a Protection Order?
A court is at liberty to grant a Temporary Protection Order or a Protection Order. Generally speaking, the hurdle for obtaining the Temporary Protection Order is not difficult because the threshold is lower, and often it is made in the absence of the respondent being notified.
A court can make a protection order if it is satisfied:
a relevant relationship exists between the aggrieved and the respondent; and
the respondent has committed domestic violence against the aggrieved; and
the protection order is necessary or desirable to protect the aggrieved from domestic violence.
Including Children on Domestic Violence Protection Orders
Children can be included in a Domestic Violence Protection Order to protect them from violence, the risk or harm of violence, or if they have been exposed to domestic violence (e.g. they have seen, heard or other experienced it).
This can generally include an aggrieved person's children, or a child who usually with the aggrieved person, and even unborn children.
Unfortunately, some parents misuse family violence applications to try to prevent the other parent from having contact with a child. Whilst these claims are taken seriously, they are not appropriate, and the court is careful not to act unless it's truly necessary.
When Does an Order Come Into Effect?
Before a Domestic Violence Protection Order can be enforced, the respondent must be made aware of it through one of the following ways:
They were present in court when the order was made; or
They have been served with a copy of the order; or
A police officer has informed them of the order.
This means the respondent cannot be charged with breaching the order unless they have been properly notified. It is essential that the aggrieved understands this process, as any protections under the order only begin once the respondent is officially aware of its existence.
Temporary Protection Orders
A Temporary Protection Order is an order made in the period before a court decides whether to make a protection order for the benefit of an aggrieved party.
A court can make a Temporary Protection Order if:
the court adjourns a proceeding or hearing regarding an application or variation of an existing order; or
the applicant for a protection order or variation of an order has asked the court for the application to be heard before the respondent is formally served; or
an application for a temporary protection order is made by a police officer.
A court can issue a temporary protection order if it’s satisfied that there is a relevant relationship between the aggrieved and the respondent, and that the respondent has committed domestic violence against the aggrieved.
Note that this is different from the third element of whether an order is "necessary and desirable," so the threshold is lower. When deciding to make a temporary protection order, the court only needs to consider evidence that is appropriate and sufficient, given the order’s temporary nature.
What Conditions Can The Court Order?
Every situation is unique and the courts will consider many different factors in deciding what conditions are most appropriate and should be imposed.
The conditions below are defined in the Act and apply automatically, even if the court doesn't specifically state them.
The respondent must:
Be of good behaviour towards the aggrieved and not commit domestic violence against them.
Be of good behaviour towards any named adult and not commit associated domestic violence against them.
Be of good behaviour towards any named child, not commit associated domestic violence against the child, and not expose the child to domestic violence.
Queensland Police and Domestic Violence Orders
The Queensland Police Service are often first responders to incidents of domestic and family violence, and have the power to issue a protection notice when attending such an incident.
Once issued, the notice may be considered if a protection order application is later made in the Queensland Magistrates Court.
What Powers Do Queensland Police Have?
Queensland Police can set conditions of a protection notice if needed, such as stopping the respondent from going to, entering or staying at a specific place, or from coming within a certain distance of it. They can also ban the respondent from approaching or contacting the aggrieved, either directly or indirectly.
The Queensland Police also have the right to apply to the court for a Protection Order on behalf of an aggrieved person, and can also request a variation to an existing Protection Order.
Queensland Police Protection Notices and Your Rights
As a respondent, you have the right to:
consent to an order
ask for the proceeding to be adjourned to obtain legal advice
oppose the orders
do nothing at all (in which case an order will be made against you)
Whatever your situation is, you should always get legal advice from an experienced family lawyer so that you can be protected, and the right conditions are made for your personal circumstance.
Although a Protection Order is a civil order, which means that you are not charged with a criminal offence unless you breach the order, you could face serious penalties or jail time if you do not comply with the conditions.
Breaching a Protection Order
A contravention or breach of a Protection Order is a simple offence (a type of criminal offence) and will be heard by the Magistrates Court of Queensland.
If you are found guilty of breaching a protection order, you will likely receive a criminal conviction and face a penalty, which may include a fine and/or imprisonment.
If you are alleged to have breached a protection order, it is critical that you contact and engage a lawyer to ensure you receive the appropriate advice regarding the charges, your rights, defences and options available to you.
Defences to Contravention or Breaches of Protection Orders
There are many possible defences that our lawyers are aware of and can assist a respondent with. Depending on your personal circumstances, these may include duress, necessity, insanity, identification issues, mistake of fact and otherwise.
If you are wanting to defend the contravention or breach, you should contact us immediately to discuss how we may be able to assist.
Get The Legal Support You Need
Our passionate team of family and criminal lawyers work extensively throughout Queensland to advise client of their rights and obligations. Our role also includes liaising with the police, and attending the Magistrates Court regularly to enforce, protect and defend domestic violence orders.
If you're dealing with domestic violence matters or need help with a protection order, our experienced team at RHC Solicitors is here to guide you. Contact us today for affordable and practical legal advice and support.