What is a police protection notice?
A Police Protection Notice (PPN) is a temporary notice issued by Queensland Police Service when they believe a person is at immediate risk of domestic violence or harm.
The PPN provides protection for the aggrieved (protected person) against the respondent (person subject to order) by imposing restrictions such as:
- No contact with the aggrieved or the aggrieved’s children
- Exclusion from a shared residence
- Restrictions on approaching certain locations (e.g., home, workplace)
- Surrendering firearms or weapons
A PPN will remain in effect until the matter is heard in court. The Magistrate can decide whether to issue a DVO. In determining whether to issue the respondent with a DVO, the courts may look at these factors, or others:
- Evidence of domestic or family violence
- Necessity of the order
- Severity & frequency of past domestic incidents
- Impact of children
- Wishes of the aggrieved
Helping you apply for, vary or defend protection orders in Brisbane, Gold Coast & QLD
At Donnelly Law Group we help our clients with defending PPNs. Whether you want to apply for or vary an existing temporary protection order or protection order, our team can provide expert guidance.
Applying for protection orders
Police are able to apply for a protection order by taking out a PPN. An aggrieved can contact Police if they wish for Police to attend to a domestic violence incident or may make a complaint. If Police deem suitable, they can take out a PPN. Alternatively, an aggrieved may apply for a protection order without involving Police by visiting their nearest Magistrates Court.
What are the requirements to apply for a protection order in QLD?
To apply for a protection order, an aggrieved must show:
- An intimate personal relationship (married, defacto, registered relationship, engaged, couple); or
- Family relationship (a parent or former parent of a child, or your relatives); and
- Evidence of domestic violence, family violence or harm; and
- A DVO is necessary or desirable for your protection
The following people can apply for a DVO:
- Police officer (on behalf of the aggrieved)
- The aggrieved (protected person)
- Legal guardian or lawyer
What conditions can we help you apply for in the protection order?
A DVO can include conditions such as:
- No contact with the aggrieved (in person, by phone, or online)
- Exclusion from a shared home or certain locations
- Restrictions on approaching work, school, or other protected areas
- Surrendering firearms or weapons
- Additional protections for children or other vulnerable persons
Application to vary a domestic violence order
A DVO can be varied if your current circumstances change or if the existing conditions are no longer appropriate. The application must be made through the Magistrates Court, you must file the required application form and supporting documents at the Magistrates Court registry. A magistrate will review the application and decide whether to approve the changes.
Who is able to apply to change a domestic violence order?
- The aggrieved (protected person)
- The respondent (person subject to the order)
- A police officer (if they applied for the original order)
- A named person on the order (e.g., guardian or family member)
- A lawyer acting on behalf of any of the above parties
What can you apply to have changed?
- A condition in the DVO – remove restrictions such as no contact
- Location restrictions – change conditions relating to workplaces, shared residences or schools
- Protected persons – can add or remove children, family members or other individuals in the order
- Duration of the DVO
Defending a police protection order
If you have been issued a PPN in Queensland, you have the right to challenge or defend it in court. These orders are temporary to protect the aggrieved, they remain in place until a Magistrate reviews the case.
What are the maximum penalties of breaching a DVO?
Under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld), a person who contravenes a DVO or PPN can face serious criminal penalties, including:
- Up to 3 years imprisonment or up to a $19,356 fine for a first offence.
- Up to 5 years imprisonment or up to a $38,712 fine if convicted of a previous breach within the past five years.
These penalties apply to anyone bound by the order, including respondents issued a PPN by police officers. Police-issued PPNs are legally enforceable, and failing to comply with the conditions can result in criminal charges.
Possible defence strategies for police protection notice in Brisbane, Gold Coast & QLD
- Respondent was not aware of the existence of a DVO (prosecution will have to prove beyond a reasonable doubt)
- Unintentional breach (respondent accidentally bumped into the aggrieved at the shops)
- The conduct was not a breach of the order.
Why choose domestic violence lawyers at Donnelly Law Group?
Extensive experience handling protection orders across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group our experienced criminal lawyers have extensive experience in handling protection orders across Brisbane, Gold Coast & Regional Queensland.
Local expertise
Donnelly Law Group was established in Queensland, we have been providing legal services for 25+ years. Our lawyers have appeared in courts across Queensland and have successfully applied, varied and defended DVOs.
Personalised approach & legal advice for all police protection orders to help achieve the best outcome for our clients
We take pride in providing a personalised and client-centred approach with all our clients. Whether you need help applying for a DVO or want certain conditions challenged, our expert lawyers are committed to helping you every step of the way.
Book An Appointment.
Our legal strategy for police protection orders across Brisbane & Gold Coast (QLD)
We provide legal representation for Police Protection Notices (PPNs) across Brisbane and the Gold Coast. Our approach focuses on assessing your situation, reviewing evidence, creating a defence strategy and representing your matter in court.
Initial consultation
During the initial consultation our lawyers will assess your situation and provide an outline of your legal options moving forward.
Case assessment
Our lawyers will review the facts of your case and analyse evidence provided by the prosecution.
Developing a defence strategy
After reviewing your case and evidence, our lawyers will create a defence strategy tailored to your unique circumstances. Where possible, we will negotiate with the prosecution for a lesser sentence and in some cases have the charges dropped completely.
Court representation
Our criminal lawyers are prepared, committed and always ready to advocate on your behalf for any matter before the courts.
FAQs.
What is the difference between a police protection notice, a temporary order and a domestic violence protection order?
A police protection notice (PPN) is a temporary order made by the police. It requires respondents to be of good behaviour and not commit domestic violence for 24 hours. It may also mean that the respondent is taken into custody and prevented from contacting the aggrieved or coming within a certain distance of a premises. During this time, the police may apply for a temporary protection order or domestic violence protection order.
A temporary protection order (TPO) is a short-term order made by the court. It aims to protect the aggrieved in the interim period before the court decides whether to make or vary a long-term domestic violence protection order. A TPO application can be made by the aggrieved, a lawyer for the aggrieved or the police.
A domestic violence protection order (DVPO) is a long-term order made by the court. It imposes conditions and restrictions upon the respondent to prevent future domestic violence from occurring. It requires that the respondent is of good behaviour towards the aggrieved (and other named persons (e.g. children)) and does not commit further domestic violence. Other conditions will also likely be imposed upon the respondent (see below).
What must be proven when applying for a domestic violence protection order?
You must apply for a domestic violence protection order at the Magistrates Court. The magistrate may make an order when:
- A relevant relationship exists between the aggrieved and the respondent;
- The respondent has committed domestic violence against the aggrieved;
- The protection order is necessary or desirable to protect the aggrieved from domestic violence.
Contact Donnelly Law Group if you are suffering from domestic violence and wish to apply for a protection order without needing to make a police report. Your well-being, safety and privacy is our top concern.
Are children protected under police protection orders?
The Magistrates Court can include children on a domestic violence protection order if they believe it is necessary or desirable to protect the child from domestic violence.
Children that can be included on a domestic violence protection order include:
- Your children (including unborn children);
- Children who spend time at your home on a regular or on-going basis (e.g. step-children or grand-children).
What conditions are imposed under a domestic violence protection order?
The magistrate will decide what conditions to include when making a temporary protection order or domestic violence protection order. The conditions may include that the respondent:
- Is of good behaviour and does not commit domestic or family violence;
- Is not allowed to possess any weapons or a weapons licence;
- Is not allowed to expose a child named on the order to domestic violence;
- Is not allowed to attempt to locate or approach the aggrieved;
- Is not allowed to be within a certain distance of a premises;
- Is not allowed to contact or attempt to contact the aggrieved (either directly or through someone else);
- Is limited or not allowed to contact a child to the extent necessary to protect the child;
- Must return property that belongs to the aggrieved;
- Any other conditions that the magistrate sees fit.
These conditions last for the duration of the protection order. However, the aggrieved or the respondent can apply to the Magistrates Court to have these conditions varied.
The court may also make an intervention order (with the respondent’s consent), which requires the respondent to attend an approved intervention program and/or counselling to address the respondent’s violent behaviour.
The respondent will not receive a criminal penalty or record when the protection order is made. However, it is a criminal offence if the respondent breaches the conditions (see below).
Do I need a lawyer when applying for a domestic violence protection order?
Donnelly Law Group understands that relationships are complicated. We often help people who are suffering from domestic violence and need protection but don’t want the police intruding upon their private lives.
Our domestic violence lawyers are approachable and understanding. We will listen to you, provide sensitive advice and help you decide on the best path forward for your relationship, your family, your well-being and your safety. In cases where the best option is to apply for a domestic violence protection order, we will help you prepare the application and represent you in court.
Book your free consultation with Donnelly Law Group today and have a team of the best domestic violence lawyers in Queensland professionally prepare your application.
Do I need a lawyer when challenging a domestic violence protection order?
Donnelly Law Group appreciates that having a domestic violence protection order made against you can have devastating consequences on your intimate and familial relationships.
Our domestic violence lawyers often help people who feel a protection order is being made against them unfairly. We can help you gather evidence, challenge the application in court and achieve a fair outcome for all parties.
Book your free consultation with Donnelly Law Group today and have a team of the best domestic violence lawyers in Queensland professionally prepare your defence.
Will my domestic violence lawyer represent me in court?
Donnelly Law Group’s team of domestic violence lawyers will listen to you, provide sensitive advice, gather evidence and prepare your case for you. We will then represent you in court and methodically argue your case to attain the best possible outcome.
What are the penalties for breaching a protection order in Queensland?
In Queensland, it is a criminal offence for a respondent to breach the conditions of a domestic violence protection order.
If it is the first time that you have been convicted of breaching a domestic violence protection order, the maximum penalty is a fine of 120 penalty units or 3 years imprisonment.
If you have been previously convicted of breaching a domestic violence protection order (within 5 years before the current offence), the maximum penalty is a fine of 240 penalty units or 5 years imprisonment.
See our page on Breaching Domestic Violence Orders for more information.
Book a free consultation with Donnelly Law Group if you have been charged with breaching a protection order. Our expert domestic violence lawyers will discuss the circumstances in your matter, collaborate on a defence strategy and fight for the best possible outcome.
Are there any legal defences to breaching a protection order?
Yes, it is possible to defend a breach of a domestic violence protection order (such as when the accused is not made properly aware of the existence of the order).
Donnelly Law Group’s specialist domestic violence lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
See our page on Breaching Domestic Violence Orders for more information.
What legislation covers domestic violence protection orders in Queensland?
How much does Donnelly Law Group charge for protection order matters?
A lot of people believe that they cannot afford to hire a domestic violence lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
