Relationship breakdown and family conflict can quickly become overwhelming, particularly where concerns about safety, parenting arrangements, or police involvement arise.
At Kennedy Spanner Lawyers, our Toowoomba lawyers assist clients across Queensland in domestic and family violence matters, including Protection Orders, Police Protection Directions, and related family law issues.
We act for people seeking protection, as well as those responding to allegations or court applications. Whatever your circumstances, we provide practical and confidential advice in a clear, non-judgmental way.
Your safety and rights
Domestic and family violence is taken seriously under Queensland law, and concerns about safety can arise at any stage of a relationship, particularly during separation.
This is often a period where communication has broken down and emotions are heightened. Decisions made during this time can have significant legal and personal consequences, especially where police or the Court become involved.
A Protection Order or Police Protection Direction can affect a range of areas in your life, including where you live, your ability to contact another person, parenting arrangements, employment, and, in some cases, immigration or citizenship matters.
Whether you are seeking protection or responding to allegations, it is important to understand how the law applies to your circumstances and what options are available to you.
Our Toowoomba family violence lawyers assist clients across Queensland with Protection Orders, Police Protection Directions, and related family law matters, providing clear and practical advice tailored to each situation.
What is a Domestic Violence Protection Order?
A Domestic Violence Protection Order is made by the Magistrates Court of Queensland to protect a person, known as the aggrieved, from further domestic violence. Where appropriate, children and other family members can also be named on the Order.
A Protection Order sets out conditions the other party, known as the respondent, must comply with. These conditions are designed to prevent further violence and to provide the aggrieved (and children if included) with some space and safety.
It is important to understand that the making of a Protection Order is not, in itself, a criminal offence. However, failing to comply with the terms of an Order can result in criminal charges, a criminal record, and serious consequences for employment, travel, and other parts of your life.
Who is involved in a Protection Order?
The aggrieved. The person who needs protection. Children and relatives may also be included on the Order if the Court considers it necessary.
The respondent. The person the Order is made against. Being named as a respondent does not automatically mean the allegations are proven. It means the Court is considering whether protection is required.
When the Court will make a Protection Order
Before a Protection Order is made, the Magistrates’ Court must be satisfied of three things.
- A relevant relationship exists. This includes intimate personal relationships such as married, de facto, or dating couples, family relationships, such as parents or siblings, and informal care relationships.
- An act of domestic violence has occurred. Queensland law defines domestic violence broadly. It includes physical or sexual violence, emotional or psychological abuse, coercive or controlling behaviour, economic or financial abuse, damage to property, and behaviour that causes fear or intimidation. Domestic violence often involves a pattern of behaviour, not just a single event.
- An Order is necessary or desirable for protection. The Court considers the risk of further harm and the circumstances of both parties.
Applications can be made by police or by an individual (a private application). If you are considering applying, or you have been served with an application, our protection order lawyers in Toowoomba can guide you through the process and what to expect at each stage.
Police Protection Directions: new in Queensland from 1 January 2026
From 1 January 2026, Queensland police have an additional power to respond to domestic violence situations: the Police Protection Direction. This is a significant development in how some matters are handled, and it is changing how quickly protective measures can be put in place.
What is a Police Protection Direction?
A Police Protection Direction allows police to impose conditions on a person where they believe domestic violence has occurred and protection is needed. A Direction can remain in place for up to 12 months. It is not a criminal offence to have a Police Protection Direction made against you, but breaching one is a criminal offence.
The key difference from a Protection Order is that a Police Protection Direction does not automatically go to court.
| Protection Order | Police Protection Direction | |
|---|---|---|
| Who makes it | The Court | Police |
| Court process required | Yes | No automatic court involvement |
| Ongoing oversight | Court | Remains in place unless reviewed |
This means a Police Protection Direction can provide immediate protection, but without the same level of automatic court review.
How a Police Protection Direction might apply
Consider a situation where a couple has recently separated. Communication breaks down, and one person begins sending repeated messages, attending the other’s home uninvited, and attempting to control aspects of their day-to-day life. Even without physical violence, police may view this as coercive or controlling behaviour.
Police may then issue a Police Protection Direction requiring no contact, staying away from the home, and restrictions on attending certain places. For one party, this provides immediate protection without court proceedings. For the other, it imposes significant restrictions that remain in place unless actively reviewed.
If you are affected by a Police Protection Direction, you may have options. These can include requesting a review by police within strict timeframes, or applying to the Court for a review. The right approach depends on the allegations and the conditions that have been imposed, so early legal advice matters.
If you have experienced domestic and family violence
If you or your children are at risk, there are legal options to help protect your safety. Depending on your situation, this may involve applying for a Protection Order, seeking urgent assistance from police, or putting practical arrangements in place to reduce contact and increase safety.
These situations can feel overwhelming, particularly during a separation. You do not have to navigate it alone. Our Toowoomba family violence lawyers will listen to what has happened, explain your options, and help you take the next steps with confidence.
If you have been accused of family violence
Being named as a respondent in a domestic violence matter can have serious and immediate consequences. Conditions can be imposed quickly, often before you have had the chance to respond. A Protection Order or Police Protection Direction can affect your employment, your ability to work with children, your immigration or citizenship status, and your contact with your children.
It is important to obtain legal advice as early as possible so you understand your obligations, the conditions that apply to you, and how to respond appropriately. You should attend court when required, comply with any directions that have been made, and avoid contact with the aggrieved unless it is permitted under the Order. Early advice often makes a significant difference to how the matter progresses.
How Kennedy Spanner can help
Domestic and family violence matters often involve urgent decisions and overlapping legal issues, particularly where there are also parenting or property matters to consider. Our family law team assists clients who are seeking protection, as well as clients responding to allegations or court applications, providing clear and practical advice tailored to their individual circumstances.
We help you understand:
- Whether a Protection Order or Police Protection Direction is the right path for your circumstances
- What conditions might apply, and how to respond to them
- How a Protection Order or Direction interacts with parenting, property, and divorce matters
- Your options if you want to challenge, vary, or review an Order or Direction
If you would like to understand how the law applies to your circumstances, you are welcome to contact our team for a confidential conversation.
Service area
Kennedy Spanner Lawyers acts for clients across the Toowoomba and Darling Downs region Queensland.
If you are based outside Toowoomba, we can arrange a phone or video consultation as a starting point.
Speak with a Toowoomba domestic violence lawyer
Domestic and family violence matters move quickly, and the decisions made in the first days and weeks often shape how the matter unfolds. Whether you are seeking protection or responding to an application or Direction, early advice from an experienced domestic violence lawyer in Toowoomba can make a meaningful difference. At Kennedy Spanner Lawyers our domestic violence team has decades of experience in domestic and family violence matters.
Our family law team acts for clients across Toowoomba and Darling Downs with discretion, care, and a focus on practical outcomes. We will listen, explain your options in plain language, and help you take the next step.
Get in touch with a lawyer today to discuss your options
Frequently Asked Questions
What is the difference between a Protection Order and a Police Protection Direction?
A Protection Order is made by the Magistrates Court of Queensland after a legal process. A Police Protection Direction is issued directly by police and does not automatically go to court. Both can impose conditions that affect contact, location, and behaviour. The main practical difference is that a Direction may remain in place for up to 12 months unless it is actively reviewed, while a Protection Order is overseen by the Court.
How long does a Police Protection Direction last?
A Police Protection Direction can remain in place for up to 12 months. It continues to apply unless it is reviewed or changed through the appropriate process. Strict timeframes apply if you wish to seek a review, so it is important to get advice quickly if you are affected by one.
Can I challenge a Police Protection Direction or a Protection Order?
Yes, there are options to request a review, either through police or by applying to the court. The timing and approach are important, so it is best to obtain advice early about the most appropriate steps in your situation.
Can I challenge a Protection Order?
Yes, If you have been named as a respondent to a Protection Order, you may have the option to challenge the application or the terms of the Order.
This can involve responding to the allegations, providing evidence, and asking the Court to consider whether an Order is necessary or desirable in the circumstances, or whether different conditions should apply.
In some situations, it may also be appropriate to resolve the matter by agreement, including consenting to an Order without admissions, depending on your circumstances and the potential impact of ongoing proceedings.
The best approach will depend on the facts of your case, the evidence available, and any related family law or criminal matters. Obtaining legal advice early can help you understand your options and the potential outcomes.
What happens if I breach a Protection Order or Police Protection Direction?
Breaching either a Protection Order or a Police Protection Direction is a criminal offence in Queensland. The consequences can include criminal charges, a criminal record, and flow-on effects for employment, working with children checks, professional licences, travel, and in some cases immigration or citizenship matters. If you are unsure whether something you have done or are about to do would breach an Order, get advice first.
What is domestic violence under Queensland law?
Domestic violence under Queensland law is defined broadly. It includes physical and sexual violence, emotional and psychological abuse, coercive or controlling behaviour, economic or financial abuse, damage to property, and behaviour that causes a person to feel fear. It often involves a pattern of behaviour rather than a single incident, and it does not have to be physical to be recognised under the law.