Protection Orders: The Statutory Framework

The civil framework, set out with its sources. The practical guides on applying and responding sit under our domestic violence pages.

Free call 1300 165 767 All reference articles

In short

Domestic violence protection orders in Queensland are made under the Domestic and Family Violence Protection Act 2012. They are civil orders decided on the balance of probabilities, not criminal convictions. A court may make an order where a relevant relationship exists, the respondent has committed domestic violence, and an order is necessary or desirable. Contravening an order is a criminal offence.

Section 5

Domestic and family violence — the statutory framework

Protection orders in Queensland are made under the Domestic and Family Violence Protection Act 2012.^[15] It is civil legislation — the application is decided on the civil standard, and an order is not a criminal conviction. What makes it consequential is what attaches to it.

Contravening an order

Section 177 makes contravention of a domestic violence order an offence, with a maximum of 120 penalty units or 3 years' imprisonment, and a higher maximum where the respondent was convicted of an offence under that part within the preceding 5 years.^[16]

Police protection directions

Section 177A creates a separate offence of contravening a police protection direction, with a maximum of 120 penalty units or 3 years' imprisonment, and requires the court to consider whether the direction was issued in substantial compliance with the Act.^[17]

Knowledge of the order

A respondent may be told about an order in any way, including by phone, email, SMS or social media — but a court cannot find a contravention on the basis of being told the order exists unless satisfied police told the respondent about the particular condition alleged to have been contravened. The prosecution bears that onus beyond reasonable doubt.^[16]

The aggrieved cannot be prosecuted

An aggrieved or other person named in an order is not punishable for encouraging, permitting or authorising the respondent to contravene it.^[14]

These matters rarely travel alone. A protection order application frequently runs alongside criminal charges and parenting proceedings, and a decision in one affects the others. The Queensland Law Society maintains a dedicated domestic and family violence resource portal for practitioners.^[11]

In immediate danger, call 000.

1800RESPECT 1800 737 732 · DVConnect Womensline 1800 811 811 · DVConnect Mensline 1800 600 636 · Lifeline 13 11 14

Common questions

Is a domestic violence protection order a criminal conviction?

No. A protection order made under the Domestic and Family Violence Protection Act 2012 is a civil order, decided on the balance of probabilities, and it does not appear on a criminal history. Contravening the order is a separate criminal offence, and a conviction for contravention does appear on a criminal history.

Can the aggrieved be prosecuted for contacting the respondent?

No. A protection order imposes obligations on the respondent alone. The aggrieved cannot contravene the order and cannot be prosecuted for initiating contact. That does not assist the respondent, however — it is not a defence that the aggrieved made contact first, because the obligation not to respond rests entirely with the respondent.

Sources

Reviewed 26 August 2026

The bracketed numbers in this article refer to the master numbered source list on the Knowledge Hub, which is maintained in one place so a citation cannot fall out of step between pages. Every source is an official primary source: Queensland and Commonwealth legislation, the courts, or the relevant regulator.