Protection Orders in Queensland

If you’re applying for, responding to, or seeking to vary or cancel a protection order in Queensland, it’s crucial to understand your legal rights and obligations. Whether referred to as a protection order, domestic violence order, or restraining order, these legal instruments are serious and can have significant implications on your liberty, family relationships, and even employment.

At Cridland & Hua, our criminal lawyers in Brisbane are experienced in representing both applicants and respondents in protection order matters throughout Queensland.

What Is a Protection Order?

A Protection Order is a court order made under the Domestic and Family Violence Protection Act 2012 (Qld) designed to protect a person (the aggrieved) from further acts of domestic violence by another person (the respondent).

It can include conditions such as:

• No contact with the aggrieved
• No approach within a certain distance of the aggrieved’s home or workplace
• No publishing of material about the aggrieved
• Surrendering firearms or weapons

A Temporary Protection Order (TPO) may be issued urgently by a magistrate until a final decision is made.

What’s the Difference Between a Protection Order and a Restraining Order?

In Queensland, the term “restraining order” is often used informally to refer to a protection order. However, legally, “restraining order” is not a term under the Domestic and Family Violence Protection Act. The correct legal term in QLD is Protection Order.

When Can a Protection Order Be Made?

A protection order can be made if:

• There is a relevant relationship (such as intimate partners, family members, or informal carers)
• Domestic violence has occurred
• A protection order is necessary or desirable to protect the aggrieved

Orders can be initiated by:

• The aggrieved person
• A police officer (via a Police Protection Notice)
• Someone acting on behalf of the aggrieved (e.g., a parent, friend, or legal guardian)

What Is Domestic Violence in QLD?

Domestic violence includes:

• Physical or sexual abuse
• Emotional or psychological abuse
• Economic abuse (e.g. withholding money or financial control)
• Threatening, coercive or controlling behaviours

It is important to note that allegations alone can lead to a temporary order being made. Legal advice is essential if you are served with an application.

Responding to a Protection Order

If you are served with a protection order, you have several options:

• Consent without admission (agree to the order but not admit wrongdoing)
• Oppose the order and proceed to a hearing
• Request variations to specific conditions

Breaching a protection order—even unintentionally—can lead to serious criminal charges carrying penalties of up to 3 years’ imprisonment for a first offence or 5 years for repeat breaches under section 177 of the Act.

Can a Police Protection Order Be Cancelled?

Yes. A Police Protection Notice (PPN) is a short-term notice issued by police, often before a court date. It can contain similar conditions to a court-made protection order.

You can apply to have the notice revoked or varied by the Magistrates Court, but you should seek legal advice immediately, as breaching the notice can result in criminal charges.

Can a Protection Order Be Varied or Revoked?

Yes, either party (the aggrieved or the respondent) can apply to vary or revoke an existing order. The court will consider:

• The need for ongoing protection
• Any changes in circumstances
• Whether the conditions are still necessary

We can assist you with making or opposing an application to vary or cancel an order.

How We Help at Cridland & Hua

Our experienced Brisbane lawyers can help with all stages of the protection order process, including:

• Applying for or responding to a Protection Order or Temporary Protection Order
• Representing you in contested hearings in the Magistrates Court
• Negotiating consent orders without admission
• Applying to vary or revoke an existing order
• Defending you if you’re charged with a breach of a protection order

We provide clear, strategic legal advice and ensure your voice is heard in what can often be an emotionally charged process.

Why Choose Cridland & Hua

• Decades of experience handling domestic violence-related matters
• Representation across all Brisbane and Queensland courts
• Strategic advice tailored to your specific situation
• Respectful, non-judgemental, and professional support

Whether you are seeking protection or have been served with an application, we work to protect your rights and ensure fair outcomes.

Speak to a Brisbane Protection Order Lawyer Today

If you’re involved in a protection order matter in Queensland, early legal advice can make all the difference. Contact Cridland & Hua today on (07) 3210 0500 or send an enquiry online