Domestic and Family Violence Applications and OrdersIn Queensland, Police Protection Notices (PPNs) are issued by police officers to provide immediate safety and protection to individuals experiencing domestic and family violence. PPNs are issued by police officers when they believe someone requires urgent protection from harm, providing temporary safety orders until the matter is heard in a Court.
What Is a Police Protection Notice?
A police protection notice is issued by police officers under the Domestic and Family Violence Protection Act 2012 (Qld). Its primary purpose is to protect people suffering from family and domestic violence from further harm by imposing immediate restrictions on the behaviour of the alleged perpetrator.
The notice may include conditions such as:
- Prohibiting contact or communication with the aggrieved party;
- Preventing the respondent from approaching specific locations, such as the aggrieved person’s home or workplace;
- Requiring the respondent to vacate shared premises (ouster condition); and
- ‘Cooling down’ orders.
If an ouster condition is included, a return condition may also be allowed for the respondent to attend the property with a police officer and recover limited personal property. The police also must consider the temporary accommodation needs of the respondent.
A PPN can also include named persons, which means children can be included on the notice. However, if there are family court orders in place, the conditions of the PPN cannot contradict the conditions of the family court order.
The PPN conditions and the grounds must be explained to the respondent by the issuing police officer.
A police protection notice acts as a temporary protection order and remains in effect until the matter is heard in the Magistrates Court, where the application for domestic violence order (DVO) will be heard.
Police Issued Protection Orders in Queensland
In Queensland, police take allegations of family and domestic violence seriously. When officers attend a domestic violence incident, they assess the situation to determine whether immediate intervention is necessary. If they conclude that the aggrieved party requires urgent protection, a police-issued protection order can be made in the form of a PPN. The PPN must be in a proper form and note mandatory details such as the details of the parties and the first court date.
Once a PPN has been issued naming a person as an aggrieved and another person as a respondent, the police cannot issue a second PPN naming the respondent also as an aggrieved person (cross applications) to provide protection. This is the difference between PPNs and applications for protection orders.
If the person named as the respondent in the PPN fails to attend court, a protection order may be made. Thus, it is important to obtain legal advice before the first court date.
The respondent must comply with the conditions outlined in the PPN. Failure to adhere to these conditions is considered a criminal offence and may result in a charge of contravening a domestic violence order which if convicted can lead to serious legal consequences, including fines or imprisonment.
Can a Police Protection Order Be Cancelled?
Understanding whether a police protection order can be cancelled is important for the aggrieved party and the respondent. Once issued, the notice remains in force until the matter is addressed in court. However, only the court has the authority to revoke or vary the conditions of the police protection notice. It is not possible for the issuing officer or any party involved to cancel the notice independently.
The respondent may apply to the court to amend or revoke the PPN if they believe the conditions are unreasonable. However, the court’s primary consideration is the safety and well-being of the aggrieved party, and any changes will only be made if the court is satisfied that they do not jeopardise their protection.
Why Choose Elysian Law For Your Domestic Violence Matter?
At Elysian Law, we understand the complexities and sensitivities surrounding family and domestic violence matters. Our experienced team provides empathetic, personalised legal support to help clients navigate police protection notices and associated legal processes. Whether you’re seeking protection or responding to a notice, we can guide you through every step with clarity and care.
We can assist with:
- Understanding the conditions of a police protection notice;
- Representing your interests in court and
- Applying for variations or revocations of notices where necessary.
If you have questions about police protection notices or need legal advice tailored to your situation, Elysian Law is here to help. Contact us today for a confidential consultation and let us support you through this challenging time.
Frequently Asked Questions
How quickly do I need to act after being served with an application for a protection order?
It is important to act immediately. There are often very tight deadlines for court appearances or for filing a response. Contacting a lawyer as soon as you are served can help ensure that you are fully prepared and that your legal rights are protected.
Can I contest an application for a domestic violence order?
How can Elysian Law help me during this process?
Elysian Law can provide comprehensive legal representation, including advice on the application, preparation for court, and representation at a hearing. We also offer support in negotiating with the other party and ensuring your compliance with court orders.
