Family Violence Protection in Queensland
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Family Law Act 1975 defines family violence broadly. It includes behaviour that coerces or controls a family member or causes them to be fearful (s 4AB). This covers physical assault, sexual abuse, stalking, repeated derogatory taunts, withholding money, preventing contact with family or friends, damaging property, and threatening to harm a pet.
Family violence is a key factor in parenting cases. The court must consider any family violence when deciding the best interests of the child (s 60CC(2)(b)). The presumption of equal shared parental responsibility does not apply if there are reasonable grounds to believe a parent has engaged in family violence or child abuse (s 61DA(2)).
Courts and professionals involved in family law matters have a duty to report child abuse and family violence to state and territory child protection agencies (s 67ZA). The Act also allows the court to make injunctions for personal protection, including orders restraining a person from approaching or contacting another (s 68B).
State and territory family violence intervention orders (AVOs, DVOs) operate alongside federal family law. If there is a conflict, the family law order generally prevails.
When does it apply?
These protections apply when:
- A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.
- Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.
- A party needs urgent protection — the court can make injunctions or interim orders quickly.
- State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What should you do?
- If you are in immediate danger, call 000 (police/ambulance/fire).
- Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.
- Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.
- Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.
- Document incidents with dates, details, photos, and medical records where possible.
- Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What should you NOT do?
- Don't stay silent about violence — courts need to know about it to protect you and your children.
- Don't make false allegations — this is taken very seriously and can result in adverse findings against you.
- Don't breach an intervention order or injunction — breaching a court order is a criminal offence.
- Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
How Queensland differs from federal law
Family violence protection in Queensland is governed by the Domestic and Family Violence Protection Act 2012 (Qld), which is widely regarded as one of Australia's strongest family violence frameworks.
- The Act provides for domestic violence orders (DVOs), which can be applied for by the aggrieved person, police, or certain other agencies. Police can issue a police protection notice (PPN) on the spot for immediate protection, which acts as a temporary protection order until the court hearing.
- Queensland police have a pro-arrest, pro-charge policy for domestic and family violence. This means police are expected to take action, including arrest, when they attend a domestic violence incident.
- The Act uses an expansive definition of domestic violence that includes physical, sexual, emotional, psychological, and economic abuse, as well as coercive control. Queensland passed coercive control legislation in 2023 under the Criminal Law (Coercive Control and Affirmative Consent) Act 2023.
- DVOs are heard in the Magistrates Court. Specialist domestic and family violence courts operate in several Queensland locations.
- Cross-recognition of DVOs applies nationally under the National Domestic Violence Order Scheme, so a Queensland DVO is enforceable across all Australian states and territories.
Additional Steps in Queensland
Call DVConnect for immediate support: 1800 811 811 (women) or 1800 600 636 (men). In an emergency, call 000. Apply for a DVO at the Magistrates Court or ask police to apply on your behalf. Legal Aid Queensland provides duty lawyers at DV courts. The Women's Legal Service Queensland (1800 957 957) provides free legal advice.
Relevant Law: Domestic and Family Violence Protection Act 2012 (Qld); Criminal Law (Coercive Control and Affirmative Consent) Act 2023 (Qld); National Domestic Violence Order Scheme
Common Questions
When does family violence protection apply?
These protections apply when:A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.A party needs urgent protection — the court can make injunctions or interim orders quickly.State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What should I do about family violence protection?
If you are in immediate danger, call 000 (police/ambulance/fire).Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.Document incidents with dates, details, photos, and medical records where possible.Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What mistakes should I avoid with family violence protection?
Don't stay silent about violence — courts need to know about it to protect you and your children.Don't make false allegations — this is taken very seriously and can result in adverse findings against you.Don't breach an intervention order or injunction — breaching a court order is a criminal offence.Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
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