Domestic and Family Violence Protection Act 2012

The Act directly affects:

• Aggrieved persons: Anyone experiencing domestic violence in a relevant relationship who may apply for or benefit from a domestic violence order.
• Respondents: Persons against whom orders or police directions may be made, who face criminal liability for contraventions.
• Named persons (including children): Third parties named in an order for their protection.
• Police: Police officers have mandatory investigation duties (s 100), discretionary powers to issue police protection directions (s 100B) and police protection notices, powers to take persons into custody (Part 4 Division 3), and powers to apply for urgent temporary protection orders on behalf of aggrieved persons (Part 4 Division 4).
• Courts: Magistrates Courts have primary jurisdiction. The Childrens Court has jurisdiction in child protection proceedings. District Courts may deal with DVOs in criminal proceedings.
• Authorised persons: Persons who may apply for orders on behalf of an aggrieved (including certain government officers and support workers).
• Affected children: Children exposed to domestic violence between persons in a relevant relationship are protected indirectly through naming provisions and order conditions.

Mandatory investigation (section 100): Where a police officer reasonably suspects domestic violence has been committed, they must investigate the complaint, report or circumstance. If, after investigation, the officer reasonably believes domestic violence has been committed, they must consider whether action is necessary or desirable to protect the person.

Standard conditions on all DVOs (section 56): Every domestic violence order must include conditions requiring the respondent to be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved; not organise, encourage, ask, tell, force or engage another person to commit domestic violence against the aggrieved; if an adult named person is named, to be of good behaviour towards that person and not commit associated domestic violence; and if a child is named, to not expose the child to domestic violence and not commit associated domestic violence against the child. If the court does not impose these conditions explicitly, they are taken to have been imposed.

Contravention prohibition (section 177): A respondent who was present when an order was made, has been served with a copy, or has been told by a police officer about the existence of the order must not contravene it. Oral notification by a police officer is sufficient to engage the obligation, but the court must be satisfied the officer told the respondent about the specific condition allegedly contravened.

Weapons provisions (Part 3 Division 8): DVOs interact with weapons licensing. Making or extending a DVO may trigger obligations regarding firearms held by the respondent.

Explanation of orders (Part 3 Division 9): Courts must ensure respondents understand the terms and consequences of a DVO.

Protection orders (Part 3 Division 1): A Magistrates Court may make a protection order on application by an aggrieved, an authorised person for an aggrieved, a police officer, or a person acting under another Act. The application must be in approved form and, for non-police applicants, verified by statutory declaration.

Temporary protection orders (Part 3 Division 2): Where a protection order application has been filed but not yet decided, or the court is satisfied on the balance of probabilities that the aggrieved needs immediate protection, a court may make a temporary protection order. Temporary protection orders may be made ex parte.

Cross applications (Part 3 Division 1A): Where both parties apply for protection orders against each other, the court must be satisfied that both were perpetrators and that the cross-orders are appropriate rather than a tactical response.

Intervention orders (Part 3 Division 6): Courts may make intervention orders (for example, requiring a respondent to attend a behaviour change program).

Police protection directions (Part 4 Division 1A, inserted 2025): Under section 100B, a police officer may issue a police protection direction where the officer reasonably believes the respondent has committed domestic violence; a direction is necessary or desirable to protect the aggrieved; none of the disqualifying circumstances in sections 100C or 100D(2) apply; and it would not be more appropriate to take action involving a court application. In deciding whether to issue, the officer must consider the guiding principles in section 4, the criminal and domestic violence history of the respondent and aggrieved, and the aggrieved's views. Before issuing (where the respondent is not present), the officer must make a reasonable attempt to locate and speak to the respondent to afford natural justice.

Power to take into custody (Part 4 Division 3): Police may take a respondent into custody to prevent further domestic violence in specified circumstances.

Urgent temporary protection orders (Part 4 Division 4): Police may apply for an urgent temporary protection order on behalf of the aggrieved.

Variation and revocation (Part 3 Division 10): Courts may vary or revoke DVOs on application.

Duration (Part 3 Division 11): The Act prescribes the duration of protection orders and temporary protection orders, which may be fixed or open-ended.

National recognition (Part 6): Queensland courts and police may register, recognise, vary and enforce DVOs made in other Australian States and Territories and New Zealand under the national recognition scheme established in Part 6 (substantively amended in 2016).

Contravention of a DVO (section 177): Maximum penalty of 120 penalty units or 3 years imprisonment for a first or subsequent offence (where no prior conviction within 5 years). Maximum penalty of 240 penalty units or 5 years imprisonment where the respondent has been previously convicted of a domestic violence offence within the 5 years before the current offence. The prosecution bears the onus of proving beyond a reasonable doubt that the respondent had actual knowledge of the order or the relevant condition.

It is not a defence that the respondent did not know it was an offence to contravene a recognised interstate order in Queensland, that the order could be varied in Queensland, or (for New Zealand orders) that the order could be registered or varied in Queensland.

Limitation period (Part 7): For offences under Part 7 Division 9 (certain minor offences), a limitation period of 1 year after the offence, or 1 year after the commission comes to the complainant's knowledge (within 2 years of the commission), applies.

Contravening police protection directions and notices: The Act imposes separate offences for contravening police protection directions and police protection notices.

Prosecution and sentencing: Courts sentencing for contravention offences must treat any evidence of escalating behaviour or repeated breaches as seriously aggravating.

Application process: An aggrieved or authorised person files an application in approved form with the Magistrates Court, verified by statutory declaration (unless filed by a police officer). Courts may proceed ex parte for temporary protection orders.

Temporary protection orders: May be made before the full hearing where the applicant can satisfy the court there is immediate need. Temporary protection orders are enforceable against respondents once served or notified.

Service requirements (Part 8 Division 1): Police must personally serve orders on respondents (s 184). Service may be effected on any day including Good Friday and Christmas Day (s 183). Enforceability commences on service or on notification by a police officer.

Variation and enforcement: A respondent personally served with a DVO or notified of its terms is immediately bound. Variation applications may be made to the Magistrates Court.

National recognition: Interstate orders are automatically recognised in Queensland on registration. New Zealand orders follow a registration process under Part 6. Once recognised, they are enforceable as if made in Queensland.

Review: The Act contains a review provision (s 192) requiring the Minister to review the Act's police powers to ensure they remain necessary and appropriate.

Family Law Act 1975 (Cth) (Part 3 Division 7): There is a deliberate interaction framework between DVOs and orders made under the Family Law Act 1975 (Cth) concerning property, parenting arrangements, and injunctions. Division 7 of Part 3 addresses the relationship between Queensland DVOs and family law orders, including how courts deal with potentially conflicting orders.

Criminal Code (Qld) (Part 5): Court proceedings under Part 5 reference sections 590AX of the Criminal Code in relation to procedure. Domestic violence behaviour that constitutes a criminal offence (for example, assault, threats) may be prosecuted as a criminal offence separately from or in addition to DVO proceedings. Section 8(4) confirms a court may make a DVO on the basis of domestic violence behaviour even if that behaviour is not proved beyond reasonable doubt.

Evidence Act 1977 (Qld) (Part 5): Specific evidence provisions apply to court proceedings under the Act, including sections 21AZB, 21AZC, 93AA and 103Q of the Evidence Act 1977.

Director of Public Prosecutions Act 1984 (Qld): Referenced in the court proceedings Part in relation to prosecution functions.

Surrogacy Act 2010 (Qld) and Meriba Omasker Kaziw Kazipa Act 2020 (Qld): Referenced in the definition of "former parent" in the spousal relationship definition (s 15), including birth parents who cease to be parents under those Acts.

Acts Interpretation Act 1954 (Qld): Used for definitions of "spouse" and "de facto partner" incorporated into the relevant relationship definitions.

Corresponding laws: The national recognition scheme in Part 6 operates in conjunction with corresponding laws in other jurisdictions.

Economic abuse counts: Economic abuse is expressly listed as a form of domestic violence under section 8. Controlling a person's finances, denying access to money, preventing employment, or incurring debts in a person's name can constitute domestic violence even without any physical contact.

Counselling or procuring is itself domestic violence (section 8(4)): A person who counsels or procures another to engage in domestic violence is taken to have committed domestic violence. Third-party facilitators (such as a family member who assists a respondent in tracking or harassing an aggrieved) may be directly subject to the Act.

Notification by police is sufficient to engage liability: Under section 177(1)(c), a respondent who has been told by a police officer about the existence of an order (by any means including telephone or SMS) is bound. The respondent need not have been formally served. However, the court must be satisfied the officer communicated the specific condition allegedly contravened.

Prosecution bears onus on notification: Section 177(5) places the onus on the prosecution to prove beyond reasonable doubt that the respondent was told by a police officer about the existence of the order. This is not a typical strict liability provision.

Police protection directions are discretionary and require a preference assessment: Under section 100B(1)(d), a police officer may only issue a police protection direction if it would not be more appropriate to take action involving an application for a protection order. This requirement for comparative assessment means the direction cannot be used as a routine shortcut; its use should be justified against the court-order alternative.

Cross-application trap: Part 3 Division 1A addresses cross applications. Courts will scrutinise whether a cross-application reflects genuine mutual perpetration or is a tactical step to undermine the aggrieved's protection. Filing a cross-application that is not genuinely supported by evidence of domestic violence by the other party can itself reflect badly on the respondent.

Interaction with family law orders: A DVO made in Queensland that is inconsistent with a family law parenting order creates practical difficulties. Part 3 Division 7 provides a framework but does not resolve all conflicts, and parties may need to return to both courts to reconcile orders.

National recognition means Queensland respondents are bound by interstate orders: Under the national recognition scheme, a respondent subject to an interstate or New Zealand DVO who relocates to Queensland is still bound by that order and can be prosecuted in Queensland for contravention. Ignorance of Queensland obligations is not a defence.

Example 1: Economic abuse. A spouse controls access to the family bank accounts and prevents their partner from working by disposing of the car and threatening to harm the children if the partner leaves. Even without physical violence, this pattern of economically abusive and coercive behaviour under section 8 may support an application for a protection order. The applicant or an authorised person files a verified application with the Magistrates Court under Part 3 Division 1. A temporary protection order may be made ex parte until the full hearing.

Example 2: Unauthorised surveillance. A former partner installs tracking software on the aggrieved's phone and checks the GPS history of the aggrieved's vehicle. This is "unauthorised surveillance" within section 8's definition and may constitute domestic violence, supporting an order under Part 3.

Example 3: Police protection direction (2025 amendments). Police attend an incident and form a reasonable belief domestic violence has occurred. Because the incident is relatively low-level, the aggrieved does not want to involve the court, and there is no history of repeated breaches, the officer considers whether a police protection direction under section 100B is more appropriate than applying for a temporary protection order. The officer must consider section 4 principles and the histories of both parties before issuing the direction.

Example 4: Contravention of a DVO. A respondent who has been personally served with a protection order sends harassing messages to the aggrieved in breach of a no-contact condition. Maximum penalty is 120 penalty units or 3 years imprisonment. If the respondent had a prior domestic violence conviction within the previous 5 years, the maximum increases to 240 penalty units or 5 years imprisonment under section 177(2).

Example 5: National recognition. A woman protected by a Victorian DVO relocates to Queensland. Under Part 6 of the Qld Act and the corresponding Victorian law, the Victorian order is automatically recognised in Queensland as a registered interstate order and is enforceable as if made in Queensland. A Queensland police officer may enforce it and the respondent commits a Queensland offence by contravening it.

Example 6: Named child. A protection order names the aggrieved's 7-year-old child. The mandatory conditions under section 56 require the respondent not to commit associated domestic violence against the child, not to expose the child to domestic violence, and not to organise others to do either. Breach of any of these conditions constitutes a criminal offence.