Can A Police Protection Application be Cancelled?

A Case Insight: Police Application for a Protection Order Withdrawn

(Mental Health Issues of People who have served in the Forces)

At Elysian Law, we are committed to ensuring that every client’s story is heard with dignity, and that justice is pursued with compassion and clarity. Recently, we were proud to assist a client facing a distressing and complex legal situation involving an application for a Domestic and Family Violence protection order bought by the police at the Ipswich Magistrates Court.

Case background

The case involved a young man who, after experiencing a personal crisis and struggling with the heavy burden of undiagnosed Post-Traumatic Stress Disorder (PTSD), attempted to take his own life by crashing his vehicle while heavily intoxicated.

After our client was taken to the hospital, the police interviewed him to assess whether a protection order was required. An interview should have never taken place due to the client’s mental health state and incredibly high level of intoxication.

Police subsequently filed an application for a protection order on behalf of his partner and before we could assist, a Temporary Protection Order was imposed. It must be noted; despite his partner not being supportive of a protection order, the police have the power to make the application.

The material provided by police initially framed the event within the scope of domestic violence legislation. However, after a careful review, our team identified that the real issue was not one of violence, but a mental health crisis stemming from our client’s service in the Australian Defence Force and childhood trauma.

We took swift action, filing detailed material with supporting evidence in response to the application. Once material was filed, we made submissions to the police which outlined that the evidence did not support acts of domestic violence occurred and that a protection order was not necessary to protect his partner from future acts of domestic violence. This is a key legal threshold in the Domestic Violence Legislation. We submitted that the true issue lay in the ongoing struggle with post-traumatic stress disorder—a condition tragically common among our veterans.

After considering the submission and material we provided, the police withdraw the protection order application from court proceedings. This outcome not only cleared our client’s name but also allowed him to return to work as a defence force member as he had been ‘stood down’ due to domestic violence proceedings.

This case highlights two key principles at the core of Elysian Law’s work:

Holistic Advocacy – We look beyond the immediate allegations to understand the full context, especially when mental health is involved.
Strong Legal Strategy from the beginning – We act quickly and assertively to protect our clients’ rights and reputations, engaging directly and professionally with police and the courts.

What is PTSD & it's affects on Veterans & Serving People

Post-Traumatic Stress Disorder (PTSD) is a serious and often misunderstood mental health condition that affects a significant number of current and former members of the military. While many service members experience trauma during their time in the Defence Force, untreated PTSD can have profound and long-lasting consequences for their mental, emotional, and social wellbeing.

PTSD is a psychiatric disorder that can occur in individuals who have experienced or witnessed traumatic events such as combat, serious accidents, natural disasters, or violent personal assaults. For military personnel, combat exposure, the loss of fellow soldiers, or exposure to life-threatening situations are common triggers.

PTSD can affect a person’s mental and emotional state, lead to relationship breakdowns, substance abuse, employment challenges, legal implications due to being untreated and sometimes self-harm.

We and the Court also note that not every case is the same as this, and tragically sometimes a partner and their family will need protection from a person who is suffering from PTSD. Each case is unique and must the assessed with care. It is difficult in some cases for police to assess within limited time and resources the real underlying motive and risk of a case.

How Elysian Law Help

This article is of a general nature, and some identifying features of the case has been deliberately left out to protect our clients. It should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact our experienced Domestic and Family Violence Lawyers at Elysian Law.

We understand that some clients come to us not because they are criminals or perpetrators of domestic violence, , but because they are suffering. We are committed to advocating for individuals whose legal matters intersect with mental health—especially those involving military service or front-line workers.

We believe in:

Reducing stigma around PTSD and mental health in the legal system.
Presenting compassionate, evidence-based defences and submissions.
Connecting clients with appropriate mental health and support services where possible.

If you or someone you know is facing a legal issue that intersects with mental health, military service, or unfair allegations, Elysian Law is here to help. Our experienced team is committed to advocating with empathy, discretion, and strength.

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.