From Our Desk

These changes have increased the options available to police to issue ‘on-the-spot’ protective measures within the domestic setting. This new mechanism is called a Police Protection Direction (PPD) and can be imposed by police as they would a fine or notice.

Queensland’s laws prior to 1 January 2026

Preceding the new changes, police could issue a Police Protection Notice (PPN) which provided a temporary protection measure to the aggrieved person, generally for just a few of days, prior to the requirement to attend court. After the PPN was issued, police would need to appear in court to make an application for the more substantial Domestic Violence Protection Order (DVPO). A PPN acted as immediate protection only, bridging the time in which the notice was given, to when a court could hear the more substantive application for a DVPO. 

How is a PPD different to a PPN?

The length of enforceability of a PPD compared to a PPN is considerable.  Whilst a PPD and PPN both begin immediately upon being served, a PPD lasts up to 12 months with no requirement for the police to attend court. This gives police a longer term option, with less court involvement. 

What needs to be considered by police prior to issuing a PPD?

In order to issue a PPD, police attending a domestic dispute must reasonably believe that:

• the respondent has committed an act of domestic violence;^[1]
• the issuing of a PPD is necessary or desirable to protect the aggrieved from domestic violence;^[2]
• it would not be appropriate to apply for a protection order.^[3]

Further to the above, police also need to consider the following options before assessing if a PPD is the correction option:

• the principles within the Domestic and Family Violence Protection Act 2012 (Qld), to administer its power for the safety, protection and wellbeing of people who fear DFV;^[4]
• the criminal or domestic violence history of both parties;^[5]
• whether an application for a DVPO is more appropriate and thus allowing the matter the proceed through the court;^[6]
• any views or wishes expressed by the aggrieved about whether an application for a protection order should be made.^[7]

Furthermore, the Act stipulates that if the respondent is not present at the same location as the attending police officer the officer must make reasonable attempts to locate and/or talk to the respondent, to ensure natural justice occurs.^[8]

What are the restrictions to issuing a PPD?

Restrictions are in place preventing police from issuing a PPD in certain circumstances such as the following:

• where the aggrieved or respondent is a child or police officer;
• if the behaviour warrants that the respondent is taken into custody;
• if there is a current or previous order recognised interstate;
• the respondent has been convicted of a domestic violence offence within the prior 2 years;
• a current proceeding for a domestic violence offence that has not been finally dealt with;
• a current application for a protection order that has not been finally dealt with;
• the respondent has used a weapon or threatened to use a weapon;
• if both persons need protection and a decision has not been made as to who is the most in need;
• if the direction includes a child whereby a family law order or care agreement is in force, or has started but not yet dealt with.^[9]

What are the additional conditions police can include in a PPD?

Mandatory conditions are required to be included in the PPD, requiring the respondent to be of good behaviour toward the aggrieved, must not commit acts of domestic violence, and must not to engage someone else to do something that constitutes domestic violence.^[10] Additional conditions that police have the power to include are:

• a cool-down condition to assist in diffusing volatile situations;
• no-contact condition where the respondent is prohibited to contact to attempt to contact the aggrieved;
• an ouster condition which requires the respondent to vacate a shared residence;
• prohibitions of attending locations such as workplaces, homes or schools.

It should be noted that the above additional conditions are already available via a PPN or DVFO however, in the case of a cool-down period or proposed ouster condition, a senior member of the Queensland Police Service must be consulted and approval obtained.^[11]

Furthermore, if a child is listed as an aggrieved, a PPD is not to be issued, but rather a PPN to ensure the matter proceeds before a court. 

What are the penalties if you contravene a PPD?

Breaching any condition within the direction will expose you to a criminal charge of contravention of a PPD. The onus falls on the respondent to comply with the conditions contained within the PPD, therefore it is recommended that you seek legal advice as soon as you are served. Penalties for contravention of a condition within a PPD range from a fine or three years imprisonment.^[12]

When to seek assistance from a lawyer?

If you are served with a PPD, it is important you contact a lawyer as soon as possible. This is to ensure the conditions of the PPD are thoroughly explained to you, you are informed of your rights of appeal and made aware of the consequences of contravention. 

The above are some general pointers for anyone who might have to deal with accusations of criminal charge or nature. If you have found yourself in this situation, get in touch with Fisher Dore Lawyers to schedule a meeting with one of our criminal defence team right away. 

Call us after hours on 0416 205 363. During business hours, the Fisher Dore Lawyers team is available for enquiries on 1300 557 884 or send a confidential enquiry through our website.