DOMESTIC VIOLENCE - Queensland Police Service - Queensland ...

Circular No. 14/2012 10/09/2012 File No.
The contents of this circular will commence on 17 September 2012.
DOMESTIC VIOLENCE
The Domestic and Family Violence Protection Act 2012 will commence on
17 September 2012. In response to the introduction of the new Act, Service policies
and procedures regarding domestic and family violence have been amended.
The policies and procedures in this circular are set out in the format that will be used
when the contents are incorporated into the Operational Procedures Manual (OPM).
Contents
The contents of the circular are:
7.6.10 Domestic violence involving children
Referral of children exposed to domestic violence
Chapter 9 Domestic Violence
9.1 Introduction
9.1 Introduction
9.2 References to legislation
9.2 References to legislation
9.3 Domestic violence – general information
9.3 Domestic violence – general information
9.3.1 Definitions
9.4 Domestic violence coordination
9.4 Domestic violence coordination
9.4.1 Domestic and Family Violence Unit
9.4.2 Regional domestic and family violence liaison officers
9.4.3 District domestic and family violence coordinators
9.4.4 Station domestic and family violence liaison officers
9.5 Domestic violence – receipt of report
9.5 Domestic violence – receipt of report
9.5.1 Procedures on receipt of domestic violence report
9.6 Investigation of domestic violence
9.6 Investigation of domestic violence
9.6.1 Police action re domestic violence
Police Powers and Responsibilities Act
9.6.2 Investigating domestic violence – initial action
Safeguards
Domestic violence protective assessment framework
9.6.3 Police action to be taken where applying for a protection order is
not appropriate
Commissioner’s Circular 14/2012: ‘Domestic Violence’ Page 1 of 105

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Where there is insufficient evidence to support an application
Where domestic violence has not occurred
9.6.4 Where respondent continues to commit domestic violence before
the domestic violence order is issued
9.6.5 Where the order has been issued but is not yet served
9.6.6 Contravention of domestic violence order, release conditions or
police protection notice
9.6.7 Prosecution of statutory offences
9.6.8 Domestic violence referral agencies
Employee Assistance Service
9.7 Domestic violence custody
9.7.1 Domestic violence custody
Power of detention under the Police Powers and Responsibilities
Act
Taking a respondent into custody under the Domestic and Family
Violence Protection Act
Service of domestic violence application on respondent
Custody of a child as a respondent
Detention period
Extension of detention period
9.7.2 Release of respondent for treatment or due to intoxication
Release of respondent for treatment
Release of intoxicated respondent to a place of safety
Places of safety
9.7.3 Watchhouse/holding cell procedures – search and release
9.8 Domestic violence orders, police protection notices and conditions
9.8 Domestic violence orders, police protection notices and conditions
9.8.1 Application for a Protection Order
Applications including named persons
Applications involving several respondents
9.8.2 Application for a temporary protection order
9.8.3 Police protection notice
Cool-down condition
9.8.4 Service of domestic violence documents
Service of documents on the respondent
Deemed service of temporary protection order
Service of unserved documents on the respondent
Telling a respondent of an order
Substituted service
Giving documents to the aggrieved and named persons
9.8.5 Power to direct person to remain at a place
Service of an order or application
Issue of a police protection notice
9.8.6 Domestic violence orders unable to be served
9.8.7 Interstate orders
9.8.8 Application to vary domestic violence orders including interstate
orders
9.8.9 Withdrawal of domestic violence order applications
9.8.10 Voluntary intervention order
9.9 Assisting persons involved in domestic violence to retrieve property
9.9 Assisting persons involved in domestic violence to retrieve
property

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9.10 Weapons
9.10.1 Surrender of weapons & weapon licenses after making of
domestic violence order
9.10.2 Disposal of weapons
Disposal of weapons generally
Special case – protection order not determined within three
months
9.11 QPRIME Domestic Violence Occurrences
9.11 QPRIME Domestic Violence Occurrences
9.11.1 Responsibilities of officers attending domestic violence incidents –
applications for domestic violence orders
9.11.2 Responsibilities of an officer taking action against a respondent for
a contravention of a domestic violence order
9.11.3 Responsibilities of releasing officers prior to releasing respondents
from custody
9.11.4 Authorisation to receive documents under the Domestic and
Family Violence Protection Act
9.11.5 Responsibilities of officers in charge of stations or establishments
receiving domestic violence documents
9.11.6 Completion of QPRIME custody and search reports
Entry of a place etc. under s. 609 of the Police Powers and
Responsibilities Act
Taking a person into custody under s. 116 of the Domestic and
Family Violence Protection Act
Directing a person to remain at a place under s. 134 of the
Domestic and Family Violence Protection Act
9.12 Prosecuting domestic violence
9.12 Prosecuting domestic violence
9.12.1 Police prosecutors to assist in private applications
9.12.2 Documents required by police prosecutor
Interpreters
9.12.3 Responsibilities of police prosecutors – police and private
applications
9.12.4 Role of prosecutor in cross-applications
9.12.5 Role of prosecutor in tenancy applications
9.12.6 Role of prosecutor under s 68R of the Family Law Act
9.12.7 Preparation of briefs of evidence
Evidentiary certificates
Subpoena of witnesses
9.12 8 Appeals under the Domestic and Family Violence Protection Act
Appeals by police officers
Appeals by persons other than police officers
9.13 Children exposed to domestic violence
9.13 Children exposed to domestic violence
Definitions
9.13.1 A child may be an aggrieved or a respondent
9.13.2 Including the names of children in a domestic violence order
9.13.3 Children who are the victims of a criminal offence
9.13.4 Other action to protect children exposed to domestic violence
Condition of order to limit contact between parent and child
9.13.5 Children’s evidence in domestic violence proceedings
9.13.6 Service of domestic violence documents on children
When a parent of a child cannot be located

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9.14 Domestic violence proceedings initiated against members of the Service
9.14 Domestic violence proceedings initiated against members of the
Service
9.14.1 Responsibilities of members who initiate or become aware of
domestic violence proceedings against a member of the Service
9.14.2 Responsibilities of members who have domestic violence
proceedings initiated against them
9.14.3 Possession of weapons by members who are subject to domestic
violence proceedings
9.15 Transport assistance
9.15.1 Transport assistance to an aggrieved
9.15.2 Transport and accommodation assistance to a respondent
Transport and accommodation assistance to an adult respondent
Transport and accommodation assistance to a respondent child
Appendix 9.1 QPS Domestic Violence Protective Assessment Framework
(DV-PAF)
16.20.6 Responsibilities of releasing police officers releasing respondents
taken into custody under the Domestic and Family Violence Protection Act
Administration
POLICY
The following policies and procedures are cancelled on the commencement of this
circular:
(i)
(ii)
(iii)
section 7.6.10: ‘Domestic violence involving children’;
Appendix 7.3: ‘Confidentiality Agreement for Non Government Agencies’
Chapter 9: ‘Domestic Violence; and
(iv) section 16.20.6: ‘Responsibilities of appropriate release officers
releasing respondents from custody;
of the OPM.
The contents of this circular will be incorporated into Chapters 7: ‘Child protection’,
9: ‘Domestic violence’ and 16: ‘Custody’ of the OPM in due course.
ORDER
Officers in charge are to note the contents of this circular and bring them to the
notice of all members under their control.

ROSS BARNETT
DEPUTY COMMISSIONER
(SPECIALIST OPERATIONS)
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7.6.10 Domestic violence involving children
For the purpose of this section:
POLICY
(i) a child ‘usually lives’ with a respondent or an aggrieved if they regularly
spend some time living with either person, irrespective of whether this living
arrangement is permanent or temporary (see s. 24(2); ‘Who can a domestic
violence order protect’ of the Domestic and Family Violence Protection Act);
(ii) a child is ‘exposed’ to domestic violence if the child sees or hears
domestic violence or otherwise experiences the effects of domestic violence
(see s. 10: ‘Meaning of exposed to domestic violence’ of the Domestic and
Family Violence Protection Act); and
(iii) a ‘report of domestic violence’ refers to any investigation of a report of
domestic violence where the officer reasonably believes domestic violence
has occurred.
Where an officer is investigating a report of domestic violence and ascertains that
one or more children (including any unborn children) usually lives with either the
respondent or aggrieved and the child/children do not appear to be the victim of a
criminal offence involving harm to a child, the officer is to contact Policelink and
create a domestic violence occurrence that has been multi-classed with a Child
Protection – Emotional Abuse (DV related) [0522] occurrence in accordance with
s. 9.13.4: ‘Other action to protect children exposed to domestic violence’ of this
circular.
Where an officer in charge of a Child Protection and Investigation Unit (CPIU) or a
Criminal Investigation Branch (CIB) receives a domestic violence occurrence that
has been multi-classed with a Child Protection – Emotional Abuse (DV related)
[0522] occurrence, the officer in charge is to select an officer, of at least the rank of
detective sergeant or where a detective sergeant is not available, a senior or
experienced officer with sufficient child protection investigation experience, to:
(i) review the Child Protection – Emotional Abuse (DV related) [0522]
information multi-classed within the occurrence;
(ii) update the Domestic Violence occurrence that has been multi-classed with
a Child Protection – Emotional Abuse (DV related) [0522] occurrence with any
additional information known to the officer that the officer believes may assist
any officer from the Department of Communities, Child Safety and Disability
Services who may subsequently review the QPRIME occurrence;
(iii) where the officer has been detailed to investigate the report, commence
an investigation in accordance with s. 7.6.3: ‘Initial inquiries by officer
investigating the complaint’ of the OPM;
(iv) where the officer has not been detailed to investigate the report, but the
officer believes that an investigation is necessary, ensure that the matter is
referred back to the relevant officer in charge of the CPIU or the CIB who
received the Domestic Violence occurrence that has been multi-classed with a
Child Protection – Emotional Abuse (DV related) [0522] occurrence, for
detailing of the investigation;

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(v) refer the matter directly to the Department of Communities, Child Safety
and Disability Services via the Regional Intake Service;
(vi) where it is appropriate to complete a Form 1: ‘Request for Multi-Agency
Meeting’, arrange for the completion and forwarding of a SCAN Team Referral
to the local QPS SCAN team representative (see QPRIME User Guide); and
(vii) update the Domestic Violence occurrence that has been multi-classed
with a Child Protection – Emotional Abuse (DV related) [0522] occurrence with
information about any additional action taken, including for example, the
forwarding of a SCAN Team Referral.
Referral of children exposed to domestic violence
The Department of Communities, Child Safety and Disability Services has the
legislative authority under ss. 159B: ‘Principles for coordinating service delivery and
exchanging information’ and 159BA: ‘Who is a relevant child’ to refer a child to a
non-government organisation, following assessment that the child may become in
need of protection if preventative support services are not given to the child or the
child’s family.
ORDER
A domestic violence occurrence that has been multi-classed with a Child Protection
– Emotional Abuse (DV related) [0522] occurrence is always to be referred to the
Department of Communities, Child Safety and Disability Services. The legislative
authority for sharing the multi-classed occurrence with the Department of
Communities, Child Safety and Disability Services is found in s. 159M: ‘Particular
prescribed entities giving and receiving relevant information’ of the Child Protection
Act.
POLICY
The officer in charge of the CPIU or CIB is to also ensure that any domestic violence
occurrence containing the Child Protection – Emotional Abuse (DV related) [0522]
occurrence, that is forwarded to the Department of Communities, Child Safety and
Disability Services contains factual information.

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Chapter 9 Domestic Violence
9.1 Introduction
This circular outlines policy and procedures for managing domestic violence
incidents and providing assistance to members of the community who may be
affected by domestic violence.
The process for conducting investigations is outlined in Chapter 2: ‘Investigative
Process’ of the OPM which should be read in conjunction with this circular.
Reference should also be made to Chapter 16: ‘Custody’ of the OPM for detention
practices.

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9.2 References to legislation
The Criminal Code
Child Protection Act 1999
Domestic and Family Violence Protection Act 2012
Explosives Act 1999
Explosives Regulation 2003
Police Service Administration Act 1990
Police Powers and Responsibilities Act 2000
Weapons Act 1990
Weapons Categories Regulation 1997
Uniform Civil Procedure Rules 1999

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9.3 Domestic violence – general information
POLICY
The Service recognises domestic violence is a serious and complex social problem
within the community. Officers are responsible for assessing and evaluating all
reported domestic violence with the paramount aim of:
(i) maximising the safety, protection and wellbeing of people who fear or
experience domestic violence, and to minimise the disruptions to their lives;
(ii) preventing or reducing domestic violence and the exposure of children to
domestic violence; and
(iii) ensuring that people who commit domestic violence are held accountable
for their actions.
Officers should actively enforce the legislation and make use of investigative skills
and evidence gathering procedures to identify and support the person most in need
of protection and hold users of violence responsible and accountable for their
behaviour by commencing related criminal charges where appropriate.
Officers should work in partnership with government and non-government agencies
to develop strategies to reduce the incidence of domestic and family violence and
promote coordinated service delivery and appropriate referral points to those
experiencing domestic violence, including the respondent where possible.
The Queensland Police Service (QPS) Domestic and Family Violence Strategy
2009-2013 provides a framework for the development and enhancement of
strategies to prevent and reduce domestic violence which can be adapted to fit the
specific circumstances within regions, districts, divisions and commands.
9.3.1 Definitions
For the purposes of this circular the following definitions apply:
DV Referral
is when police attend a location where:
(i) the involved persons are in a relationship as defined under s. 13
of the Domestic and Family Violence Protection Act;
(ii) allegations of domestic violence have been made; or
(iii) domestic violence has occurred;
and after conducting an investigation determine a police domestic
violence order application is not appropriate due to:
(i) insufficient evidence to support an application;
(ii) having regard for the seriousness of the incident investigated,
legitimate reasons to not make an application, for example:

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Intoxicated
(a) a protection order is not necessary or desirable to protect
the aggrieved; and/or
(b) the aggrieved is not in fear of the respondent; and/or
(c) the aggrieved is not likely to be at risk of reoccurring DV
and/or;
(d) the involved parties have separated and will have no
further contact; and /or
(e) the aggrieved and respondent reside outside Queensland
and a protection order would be ineffective; and
(iii) approval is granted by a supervising officer who has not been
involved in the investigation of the reported domestic violence (see
s. 9.6.3: ‘Police action to be taken where there is insufficient
evidence’ of this circular).
means intoxicated by drugs or alcohol or by any other means.
Most senior officer on duty
No DV
means the officer present at the relevant police station or police
establishment:
(i) who is most senior by rank; or
(ii) if there is no officer who is most senior by rank – who is most
senior by continuous service as an officer.
is when police attend a location where domestic violence was alleged to
have occurred and investigations reveal:
(i) no domestic violence has occurred or has been alleged to have
occurred as defined under s. 8 of the Domestic and Family
Violence Protection Act; or
(ii) the involved persons are not in a relevant relationship as
defined under s. 13 of the Domestic and Family Violence
Protection Act; and
(iii) approval is granted by a supervising officer who has not been
involved in the investigation of the reported domestic violence.
Property (of a person)
means
(i) property that the person owns;

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(ii) property that the person does not own, but:
Releasing police officer
means
(a) is used and enjoyed by the person;
(b) is available for the person’s use or enjoyment;
(c) is in the person’s care or custody; or
(d) is at the premises at which the person is living.
(i) if the person is in custody at a police station or establishment –
the most senior officer on duty at the station or establishment: or
(ii) if the person is in custody at a watchhouse:
Relevant police division
(a) the watchhouse manager; or
(b) another police officer whose duties include performing
functions at the watchhouse in relation to persons in
custody.
means the police division in which the respondent ordinarily resides or
was last known to reside.
Supervising officer
includes any of the following officers:
(i) regional duty officer (RDO);
(ii) district duty officer (DDO);
(iii) commissioned officer;
(iv) officer in charge of a station, unit, branch or establishment;
(v) communications co-ordinator (Comco);
(vi) station shift supervisor;
(vii) any officer of the rank of sergeant, including officers acting at
that rank; or
(viii) any other experienced officer delegated by a district officer to
perform a supervisory role,
who has not been involved in the investigation of the reported domestic
violence.

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9.4 Domestic violence coordination
9.4.1 Domestic and Family Violence Unit
The role and functions of the Domestic and Family Violence Unit, Operations
Support Command, is outlined on the unit’s webpage on the QPS Corporate Intranet
(Bulletin Board).
POLICY
Officers should only approach the Domestic and Family Violence Unit for advice on
operational issues when other local avenues have been exhausted. Advice should
be sought in the first instance from:
(i) a shift supervisor;
(ii) the officer in charge of the relevant station/establishment;
(iii) the district/establishment education and training officer;
(iv) a station domestic and family violence liaison officer;
(v) a district domestic and family violence coordinator;
(vi) a regional domestic and family violence liaison officer; or
(vii) a local prosecutor.
9.4.2 Regional domestic and family violence liaison officers
POLICY
While regional domestic and family violence liaison officers are not formalised
positions, the officer in charge of a region or command may appoint an officer to
coordinate domestic and family violence issues and activities within the region or
command if the officer believes such appointment would improve police efficiency
and provide a better service to the community.
9.4.3 District domestic and family violence coordinators
ORDER
Officers in charge of districts are to appoint domestic and family violence
coordinators within their district and allocate adequate time and resources to those
officers to enable them to carry out their stated functions.
POLICY
The functions and duties of district domestic and family violence coordinators should
include:
(i) coordinating policing strategies and monitoring the effectiveness of those
strategies in dealing with domestic and family violence within the district;

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(ii) providing direction, guidance and advice to members and the community
on issues associated with domestic and family violence;
(iii) liaising with community and other government agencies to develop referral
networks and preventative strategies for dealing with domestic and family
violence;
(iv) liaising regularly with and provide advice and guidance to station domestic
and family violence liaison officers to ensure effective policing of domestic and
family violence within their divisions;
(v) assisting district education and training officers in developing and
conducting education and training programs relating to legislation, policy,
orders and procedures and social understanding in dealing with domestic and
family violence;
(vi) liaising with police prosecutors and magistrates to ensure consistent and
appropriate standards and responses are maintained in dealing with the legal
issues of domestic and family violence;
(vii) liaising with the district crime manager, SCAN coordinator and child
protection investigation unit to ensure professional and thorough investigation
is undertaken in relation to contraventions of Protection Orders and domestic
and family violence related child protection issues;
(viii) liaising with the Domestic and Family Violence Unit, in relation to
strategies to deal with domestic violence;
(ix) reporting regularly on their functions as a domestic and family violence
coordinator to the district officer;
(x) regular monitoring of QPRIME for quality assurance, ensuring an
appropriate response and compliance with policy and legislation on a districtwide
basis;
(xi) identifying and monitoring repeat calls for service in relation to domestic
and family violence matters and reporting same to the relevant divisional
officer in charge; and
(xii) ensuring that, in their absence, a suitable officer performs the functions
and duties of a district domestic and family violence coordinator on a
temporary basis.
Where domestic and family violence coordinators are appointed, they should display
the following attributes:
(i) a sound knowledge of the Domestic and Family Violence Protection Act and
s. 2.12: ‘Victims of Crime’ of the OPM;
(ii) a demonstrated commitment to the effective policing of all issues pertaining
to domestic and family violence;
(iii) the ability to educate and motivate officers in investigative processes and
legislation relating to domestic and family violence, including policies, orders
and procedures;

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(iv) a proven ability to communicate effectively; and
(v) a demonstrated ability to work within group settings, with members of the
community, government departments and Service personnel.
9.4.4 Station domestic and family violence liaison officers
POLICY
The officer in charge of a station is, by virtue of their position, the domestic and
family violence liaison officer for the station. The officer in charge may delegate the
responsibility of domestic and family violence liaison officer to another officer within
the station. When the officer in charge delegates the function to another officer, the
officer in charge is responsible for the performance and supervision of the officer
and should allow adequate time and resources for the officer to perform these
duties.
The functions of the station domestic violence liaison officer should include:
(i) monitoring the effective policing of domestic and family violence within their
division;
(ii) assisting members of the community in direction and advice on domestic
and family violence matters;
(iii) assisting the officer in charge to ensure domestic violence occurrences are
correctly entered onto QPRIME;
(iv) establishing communications and relations with groups and organisations
and promoting domestic and family violence prevention and support strategies
within their division;
(v) assisting the district domestic and family violence coordinator and regional
domestic and family violence liaison officer with the formulation and
implementation of preventative strategies;
(vi) ensuring sufficient stocks of domestic and family violence resources are
available and displayed at their station;
(vii) ensuring when they are on leave or are transferred, their officer in charge
is notified so a relieving officer can be appointed, and
(viii) assisting with the case management of repeat calls for service within their
division in collaboration with the district domestic and family violence
coordinator.
PROCEDURE
Officers in charge of a station should enlist the assistance of officers within their
division to give effect to Service policy, orders and procedures relating to the
Domestic and Family Violence Protection Act.

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9.5 Domestic violence – receipt of report
9.5.1 Procedures on receipt of a domestic violence report
ORDER
Members who receive a report of:
(i) domestic violence;
(ii) a contravention of a domestic violence order;
(iii) a contravention of a registered interstate domestic violence order;
(iv) a contravention of a police protection notice; or
(v) a contravention of release conditions;
are to record particulars of the report on a relevant information recording system for
future reference (see s. 1.6.1: ‘Recording initial demand’ of the OPM).
When the initial report is received, the incident is to be classified as domestic
violence (i.e. job code 312) when:
(i) the person claims to be an aggrieved person as a result of domestic
violence; or
(ii) a person at the incident address claims domestic violence is occurring or
has occurred; or
(iii) a person at the incident address claims:
(a) a current domestic violence order is in place; or
(b) a current police protection notice is in force; or
(c) a domestic violence order had previously been in place; or
(d) a domestic violence order is current or previously been in place
which had been issued by a court in another Australian State or New
Zealand;
between the parties involved in the current incident; or
(iv) the information is received from a third party not at the incident address
and:
(a) the informant states a disturbance or domestic violence is occurring;
and
(b) QPRIME or QCAD/CAD/IMS indicates domestic violence has
previously occurred at the address; or
(c) the persons involved in the disturbance are known; and

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(d) QPRIME has previous domestic violence occurrences for those
persons.
The member receiving the initial report is to ensure an investigation is commenced
in compliance with s. 9.6.2: ‘Investigating domestic violence – initial action’ of this
circular.
PROCEDURE
Members should obtain (where applicable) the following particulars from the
informant:
(i) the name, address and contact telephone number of the informant;
(ii) the exact location of the disturbance;
(iii) the identity of the persons involved in the disturbance;
(iv) the relationship of the people involved;
(v) the registered number(s) of any vehicle(s) which are either at the premises
or which have left the premises;
(vi) the nature of the disturbance, e.g. property being damaged, raised voices
or gun shots;
(vii) the nature of any injuries;
(viii) information about any weapons which may be involved;
(ix) if all parties to the dispute are still at the scene;
(x) if any other hazards exist which officers attending should be made aware
of prior to their arrival;
(xi) the nature of any existing orders, and the issuing authority (if known); and
(xii) ensure an investigation is commenced into the incident.
Members receiving an initial report relating to domestic violence, where the identity
of the involved parties or the location of the incident is known, should check or
cause checks to be completed on the:
(i) QPRIME; and
(ii) QCAD/CAD/IMS,
computer systems where the facilities are available.

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9.6 Investigation of domestic violence
9.6.1 Police action re domestic violence
Section 8: ‘Meaning of domestic violence’ of the Domestic and Family Violence
Protection Act identifies behaviour which constitutes domestic violence. Section 13
of the Domestic and Family Violence Protection Act provides a relevant relationship
is:
ORDER
(i) an intimate personal relationship (see s. 14 of the Domestic and Family
Violence Protection Act) which includes:
(a) a spousal relationship (see s. 15 of the Domestic and Family
Violence Protection Act);
(b) an engagement relationship (see s. 17 of the Domestic and Family
Violence Protection Act); or
(c) a couple relationship (see s. 18 of the Domestic and Family Violence
Protection Act);
(ii) a family relationship (see s. 19 of the Domestic and Family Violence
Protection Act); or
(iii) an informal care relationship (see s. 20 of the Domestic and Family
Violence Protection Act).
An officer who reasonably suspects domestic violence has been committed, is to
investigate or cause to be investigated the report or circumstance on which the
officer’s reasonable suspicion is based, in accordance with s. 100(1) of the
Domestic and Family Violence Protection Act.
POLICY
An officer, who reasonably believes after investigation:
is to:
(i) domestic violence has occurred;
(ii) it is necessary or desirable to protect the aggrieved from domestic
violence; and
(iii) there is sufficient evidence to a civil standard – ‘balance of probability’;
(i) apply for a protection order (see s. 9.8.1: ‘Application for a protection order’
of this chapter); or
(ii) apply for a variation of a protection order (see s. 9.8.8: ‘Application to vary
domestic violence orders including interstate orders’ of this chapter); or
(iii) issue a police protection notice (see s. 9.8.3: ‘Police protection notice’ of
this chapter); and
(iv) consider including in the application the names of any relatives or
associates of the aggrieved (including children) who may be named in the
protection order (see s. 9: ‘Meaning of associated domestic violence’, s. 19

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‘Meaning of family relationship and relative’, s. 24 ‘Who can a domestic
violence order protect’ and s. 52: ‘Naming relative or associate of aggrieved’
of the Domestic and Family Violence Protection Act); and
(v) take any other action the officer is required or authorised to take under the
Domestic and Family Violence Protection Act or any other Act.
Officers are reminded when police initiate an application, the Service maintains the
right to appear and make representations at variations which would shorten the
period of the order or to ensure applications are not withdrawn by the aggrieved due
to threats and/or intimidation by the respondent or any other reason unless special
circumstances exist.
Police Powers and Responsibilities Act
The Domestic and Family Violence Protection Act is not affected by the Police
Powers and Responsibilities Act (see s. 12(1) and Schedule 1 of the Police Powers
and Responsibilities Act).
Officers investigating reports of domestic violence should, where necessary, make
use of those investigative powers provided by the Police Powers and
Responsibilities Act which officers do not have under the Domestic and Family
Violence Protection Act.
Examples
Section 19 of the Police Powers and Responsibilities Act provides a power for
police officers to enter a place and remain for a reasonable time to serve a
document, such as a domestic violence order.
Section 403 of the Police Powers and Responsibilities Act provides power for
officers to detain a person for the purposes of investigating an indictable
offence or questioning the person in relation to an indictable offence. A person
may be detained for an initial period of up to 8 hours which may be extended
on application in compliance with s. 405: ‘Application for extension of
detention period’ of the Police Powers and Responsibilities Act. This power
may be used where the respondent is suspected of committing indictable
offences in the course of domestic violence (see s. 9.6.7: ‘Prosecution of
statutory offences’ of this chapter).
Sections 467 to 473 of the Police Powers and Responsibilities Act provide
powers for officers to photograph or take the identifying particulars of a person
charged with the offence of contravening a domestic violence order, police
protection notice, release conditions or registered interstate domestic violence
order.
Section 609 of the Police Powers and Responsibilities Act provides a number
of powers to police officers, including the power to:
(i) enter the place using reasonably necessary force and remain at the
place for the time reasonably necessary to establish whether domestic
violence is occurring, or has occurred before the officer’s arrival, at the
place;
(ii)detain any person present at the place for the time reasonably
necessary to:
(a) determine whether domestic violence has occurred or is
occurring at the place;

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(b) prevent acts of domestic violence; and
(c) search any person detained;
(iii) search the place for:
(a) anything which may be or has been used to cause injury or
damage or for domestic violence or associated domestic violence;
(b) anyone who is in danger of personal injury or subject to
domestic violence or associated domestic violence; and
(iv) seize anything found at the place or on a person at the place that
may be or has been used to cause injury or damage or for domestic
violence or associated domestic violence.
Officers should also fulfil any responsibilities imposed upon officers by the
provisions of the Police Powers and Responsibilities Act which are not imposed by a
similar provision of the Domestic and Family Violence Protection Act (for example
enforcement register entries).
9.6.2 Investigating domestic violence – initial action
PROCEDURE
Where a report of domestic violence has been received, the investigating officer
should:
(i) enter the place using reasonably necessary force and remain at the place
for the time reasonably necessary to establish whether domestic violence is
occurring, or has occurred before the officer’s arrival, at the place (see
s. 609(2): ‘Entry to place to prevent offence, injury or domestic violence’ of the
Police Powers and Responsibilities Act);
(ii) separate the involved parties, if both present;
(iii) inquire from all parties who are present whether any weapons are present
at the place, have been used, or have been threatened to be used;
(iv) interview the parties with the view of identifying the person most in need of
protection, who would become the aggrieved in any police proceeding;
(v) when interviewing the aggrieved, conduct a protective assessment (see the
subsection titled ‘Protective assessment’ of this section) to determine the risk
of increased severity and/or frequency of domestic violence;
(vi) interview the respondent. Any statement or affidavit taken from the
respondent should include whether they agree with the allegations, wish to
contest the matter or consent to the application. Action should not be stopped
or delayed due to the inability to locate or interview the respondent where
there is sufficient evidence to achieve the legal sufficiency required to issue a
protection order;
(vii) interview any witnesses. In the case of witnesses who are children,
officers should refer to s. 9.13.5: ‘Children’s evidence in domestic violence
proceedings’ of this chapter. When any party, including an aggrieved,
respondent, or witness is unable to adequately understand or communicate in
the English language or because of cultural differences or physical disability,
officers should refer to s. 6.3.7: ‘Interpreters’ of the OPM;

- 21 -
(viii) if it is necessary to prevent a danger of personal injury to another person
or to prevent damage to property, take the respondent into custody under
s. 116: ‘Police officer may take person into custody’ of the Domestic and
Family Violence Protection Act (see s. 9.7: ‘Domestic violence custody’ of this
circular);
(ix) ascertain whether any children (including unborn children):
(a) usually live with either the aggrieved or respondent (see s. 24(2):
‘Who can a domestic violence order protect’ of the Domestic and Family
Violence Protection Act and s. 9.3.1: ‘Definitions’ of this circular); or
(b) have been exposed to domestic violence (see s. 10: ‘Meaning of
exposed to domestic violence’ of the Domestic and Family Violence
Protection Act),
and take appropriate action in accordance with s. 9.13.4: ‘Other action to
protect children exposed to domestic violence’ of this circular;
(x) gather sufficient evidence to enable determination of the application by a
court. Officers should be mindful of the provisions of Chapter 2: ‘Investigative
Process’ of the OPM in relation to the gathering of evidence. Sufficient
evidence may include, but is not limited to:
(a) medical evidence;
(b) statements/affidavits, e.g. aggrieved, witnesses, neighbours;
(c) prior contact by the aggrieved with domestic violence support
agencies, if any;
(d) photographic evidence of the aggrieved or the premises; and/or
(e) a statement or affidavit from the investigating officer concerned;
(xi) determine if any other domestic violence orders are in existence;
(xii) determine if any Family Law Court orders are in existence. (see ss. 11.13:
‘Family Law Act’ and 11.13.3: ‘Family Law Court order inconsistent with
domestic violence order’ of this Manual);
(xiii) comply with the procedure contained in s. 9.6.7: ‘Prosecution of statutory
offences’ of this chapter where statutory offences are identified, in particular:
(a) offences against the Criminal Code; and
(b) offences against Part 4, ss. 49A to 129: ‘Possession and use of
weapons’ of the Weapons Act; and
(xiii) issue a Field Property Receipt (QPB32A) for any thing seized (see s. 622:
‘Receipt for seized weapons’ of the Police Powers and Responsibilities Act).

- 22 -
Safeguards
Officers are to comply with Chapter 20: ‘Other standard safeguards’ of the Police
Powers and Responsibilities Act when entering and searching premises and when
seizing any thing (see s. 2.8: ‘Entry, search and seizure’ of this Manual).
Before searching any place officers are to inform the occupier of the place, if
present, that the occupier may accompany the officer during the search (see
s. 609(5) of the Police Powers and Responsibilities Act).
The:
(i) entry of premises by officers to investigate if domestic violence is occurring
or has occurred;
(ii) detention of any person present at the place;
(iii) search of any person at the place;
(iv) search of the place under s. 609 of the Police Powers and Responsibilities
Act; and/or
(iv) taking the respondent into custody under s. 116 of the Domestic and
Family Violence Protection Act,
is an ‘enforcement act’ and a register entry must be created (see s. 679 of the
Police Powers and Responsibilities Act and s. 2.1.2: ‘Registers required to be kept’
of this Manual).
ORDER
‘Enforcement act’ register entries and results of the protective assessment are to be
recorded within the relevant QPRIME occurrence prior to the reporting officer
terminating duty (see QPRIME User Guide).
Domestic violence protective assessment framework
Police officers play a crucial role in identifying and responding to domestic violence
and their actions and decisions can have a marked effect on future violence. A
protective assessment involves officers utilising a defined set of risk factors to
identify the presence of risk for an aggrieved when investigating a domestic violence
incident. By adopting the domestic violence protective assessment framework, first
response officers will provide an informed and consistent approach to assessing
future risk to the aggrieved at domestic violence incidents.
ORDER
Officers are to conduct a protective assessment at all incidents or reports of
domestic violence where a relevant relationship under s. 13: ‘Meaning of relevant
relationship’ of the Domestic and Family Violence Protection Act exists.
PROCEDURE
Officers should use the protective assessment guidelines (see Appendix 9.1: ‘QPS
Domestic Violence Protective Assessment Framework (DV-PAF)’ of this chapter) to
assist with the assessment at a domestic violence incident.
Officers should record the details of the protective assessment in their official police
notebook to assist with later entries in QPRIME and to support their decision making

- 23 -
process. The protective assessment tab is to be completed within the relevant
QPRIME domestic violence occurrence (see QPRIME User Guide).
9.6.3 Police action to be taken where applying for a protection order is not
appropriate
ORDER
An officer who determines it is not appropriate to apply for a protection order due to:
(i) insufficient evidence to make an application for a domestic violence order;
or
(ii) domestic violence has not occurred;
is to obtain authorisation of a supervising officer (see ‘Definitions’ of this chapter)
prior to finalising the investigation. The officer is to provide the authorising
supervising officer with all relevant information and reasons why no further action is
desired prior to terminating duty.
The supervising officer is to consider the provided information prior to determining
whether the incident can be finalised as Domestic Violence – Referral [1374] or
Domestic Violence – No DV [1375] as appropriate. Where practicable, the
supervising officer should attend the reported incident and overview the
investigation prior to making a decision in relation to the finalisation of the incident.
It is the responsibility of the investigating officer to enter, or cause to be entered, the
particulars of the domestic violence incident on QPRIME prior to terminating duty.
The investigating officer is to include sufficient information in the domestic violence
occurrence to explain why a domestic violence order application was not made.
Where there is insufficient evidence to support an application
PROCEDURE
Where a relevant relationship under s. 13: ‘Meaning of relevant relationship’ of the
Domestic and Family Violence Protection Act exists and, at the conclusion of an
investigation, an application for a domestic violence order is not made due to
insufficient evidence, the officer should:
(i) advise the involved parties of the provisions of the Domestic and Family
Violence Protection Act concerning the process for making a private
application for a domestic violence order;
(ii) advise the involved parties about appropriate support agencies, where
available. Support agencies in this case may include domestic violence
support services, where the parties are in a relevant relationship, or other
welfare, counselling or support services appropriate to the circumstances of
the parties (see ss. 6.3.14: ‘Supportlink’ and 9.6.8: ‘Domestic violence referral
agencies’ of this Manual);
(iii) inform the involved parties that, if a private application is made, a police
prosecutor may be available to assist the applicant in court, if requested (see
s. 9.12.1: ‘Police prosecutors to assist in private applications’ of this chapter);
(iv) contact, or arrange to have contact made with a supervising officer for
approval to finalise the occurrence as Domestic Violence – Referral [1374];
and

- 24 -
(v) create a domestic violence occurrence on QPRIME.
Where domestic violence has not occurred
Where an incident has been reported to police as domestic violence (see s. 9.5.1:
‘Procedures on receipt of a domestic violence report) and, at the conclusion of an
investigation, an officer determines domestic violence (see s. 8: ‘Meaning of
domestic violence’ of the Domestic and Family Violence Protection Act) has not
occurred due to:
(i) a relevant relationship under s. 13 of the Domestic and Family Violence
Protection Act not existing between the involved persons (e.g. two
housemates arguing); or
(ii) where a relevant relationship exists, acts under s. 8 of the Domestic and
Family Violence Protection Act have not occurred or been alleged to have
occurred (e.g. a couple in a relationship are shouting at a television program,
or arguing with their neighbours);
the officer should contact, or arrange to have contact made with a supervising
officer for approval to finalise the occurrence as Domestic Violence – No DV [1375]
and create a domestic violence occurrence on QPRIME.
9.6.4 Where respondent continues to commit domestic violence before the
domestic violence order is issued
ORDER
If a DV1: ‘Application for a Protection Order’ has been received by a court and the
respondent continues to commit domestic violence before the application is
determined, the officer investigating a subsequent report of domestic violence is to:
(i) take the respondent into custody if such action can be justified in
accordance with s. 9.7.1: ‘Domestic violence custody’ of this circular and
make:
(a) a fresh protection order application and have the respondent
released on appropriate release conditions; or
(b) an application for a temporary protection order under s. 129: ‘When
police officer may apply for a temporary protection order’ of the
Domestic and Family Violence Protection Act, or
(i) issue a police protection notice against the respondent (see s. 9.8.3: ‘Police
protection notice’ of this circular); or
PROCEDURE
The circumstances of the initial application can be provided to the court to support
the second application. The prosecutor should then withdraw the first application.

- 25 -
9.6.5 Where the order has been issued but is not yet served
POLICY
Whilst officers should ensure domestic violence application and order documents
issued by the courts are served as soon as reasonably practicable (see s. 9.8.4:
‘Service of domestic violence documents’ of this circular), in the absence of a:
(i) QP 0899: ‘Police protection notice’; or
(ii) QP 0937: Release from custody conditions’,
in force (see s. 9.6.6: ‘Contravention of domestic violence order, release conditions
or police protection notice’ of this circular) there will be instances where further
domestic violence occurs prior to the service of the documents. Officers are to
respond to any further instances of domestic violence in accordance with this
section.
PROCEDURE
If a domestic violence order has been issued by a court and the respondent
continues to commit domestic violence before the order has been served or before
the respondent has been told of the existence of the order and its conditions by a
court or a police officer, the officer investigating a subsequent report is to take the
appropriate action in the circumstances.
This action may include:
(i) service of the order upon the respondent;
(ii) if the order is not readily available:
(a) advising the respondent of the order and its conditions, and
recording the details of such action by adding a supplementary report to
the relevant QPRIME occurrence; and
(b) making necessary arrangements for the service of the order on the
respondent;
(iii) investigation of the second report with a view to substantiating an offence
under s. 177: ‘Contravention of domestic violence order’ of the Domestic and
Family Violence Prevention Act, notwithstanding non-service of the order (see
s. 9.6.6: ‘Contravention of domestic violence order, release conditions or
police protection notice’ of this circular);
(iv) prepare an application for the variation of the current order including any
new conditions or named persons as appropriate; and
(v) prosecution of any criminal offences.
In accordance with s. 134: ‘Power to direct person to remain at a place’ of the
Domestic and Family Violence Protection Act (see s. 9.8.5: ‘Power to direct person
to remain at a place’ of this circular) the respondent may be given a direction to
remain at an appropriate place for a reasonable time to:

- 26 -
(i) be personally served a copy of the order, if the police officer has a copy of
the order; or
(ii) allow the police officer to arrange for another police officer to tell the
respondent about the order and conditions imposed.
When a domestic violence incident occurs, which would otherwise be a
contravention of an order, but the respondent is not aware of the order and
investigations are complete, the existing occurrence containing the unserved order
is to be modified to record the actions taken with regard to service of the order.
In addition to the amendment of the occurrence containing the unserved order, the
investigating officer is to create an unfounded Domestic Violence – (Breach of
DFVPA) [1371] (see s. 9.6.6: ‘Contravention of domestic violence order, release
conditions or police protection notice’ of this circular) occurrence to record
enforcement act register entries in compliance with the Police Powers and
Responsibilities Act (see s. 9.11.6: ‘Completion of QPRIME custody and search
reports’ of this circular and QPRIME User Guide).
This does not preclude the recording and investigation of a separate criminal
offence (e.g. assault, wilful damage) if sufficient evidence exists (see s. 9.6.7:
‘Prosecution of statutory offences’ of this circular).
9.6.6 Contravention of domestic violence order, release conditions or police
protection notice
POLICY
To ensure domestic violence strategies are effective, respondents should be held
accountable for any action in contravention of:
(i) a domestic violence order;
(ii) a temporary protection order;
(iii) release conditions;
(iv) police protection notice; or
(v) any other order made under the Act,
including any conditions imposed by the order, release condition or notice.
A respondent who contravenes a condition of a domestic violence order, release
conditions or police protection notice made in accordance with the provisions of the
Domestic and Family Violence Protection Act, other than failing to appear before a
court at a specified time and place, commits a criminal offence. Officers should
approach a contravention of a domestic violence order in the same manner as
investigating any other criminal offence in accordance with Chapter 2: ‘Investigative
Process’ of the OPM.
Officers should be aware that when a police officer commences a proceeding by a:
(i) QP 0899: ‘Police protection notice’ (see s. 113: ‘Duration’ of the Domestic
and Family Violence Protection Act); or

- 27 -
(ii) QP 0937: ‘Release from custody conditions’ (see s. 125(6): ‘When police
officer must release person on conditions’ of the Domestic and Family
Violence Protection Act);
and a court makes:
(i) a temporary protection order which includes changed conditions; or
(ii) a protection order,
the police protection notice or release from custody conditions remain in force until
the order is served on the respondent or otherwise becomes enforceable.
ORDER
Officers investigating the report of a contravention of a condition of a domestic
violence order, release conditions or police protection notice are to conduct a
domestic violence protective assessment with the aggrieved named in the order,
release conditions or notice (see the subsection titled ‘Domestic violence protective
assessment framework’ of s. 9.6.2: ‘Investigating domestic violence – initial action’
of this chapter).
PROCEDURE
Officers should take action for an offence against Part 7: ‘Offences’ of the Domestic
and Family Violence Protection Act where a respondent:
(i) contravenes a domestic violence order made under the Domestic and
Family Violence Protection Act, including a condition imposed by the order, if:
(a) the respondent was present in court when the order was made; or
(b) the respondent was served with a copy of the order; or
(c) a police officer told the respondent about the existence of the order
and the conditions of the order (see s. 177: ‘Contravention of domestic
violence order’ of the Domestic and Family Violence Protection Act);
(ii) contravenes a condition on which the person is released from custody (see
s. 179: ‘Contravention of release conditions’ of the Domestic and Family
Violence Protection Act); or
(iii) contravenes a police protection notice, including a cool-down condition
which has been served on the respondent (see s. 178: ‘Contravention of
police protection notice’ of the Domestic and Family Violence Protection Act).
Where there is a current domestic violence order or temporary protection order in
existence which has not been served on the respondent, see s. 9.6.5: ‘Where the
order has been issued but is not yet served’ of this circular.
Where there is only information or an allegation a domestic violence order or
temporary protection order has been contravened, but there is no report by an
involved person or reasonable suspicion of a contravention occurring by the
investigating officer, an unfounded Domestic Violence – (Breach of DFVPA) [1371]
occurrence is to be created (see QPRIME User Guide).
In accordance with s. 180: ‘Aggrieved or named person not guilty of an offence’ of
the Domestic and Family Violence Protection Act, an aggrieved or other person

- 28 -
named in a domestic violence order, police protection notice or release condition
does not commit an offence under Part 7: ‘Offences’ of the Domestic and Family
Violence Protection Act. It is irrespective whether the person encourages, permits or
authorises conduct by the respondent which contravenes an order, notice or release
condition.
9.6.7 Prosecution of statutory offences
ORDER
An officer investigating:
(i) domestic violence;
(ii) the contravention of a domestic violence order;
(iii) the contravention of a registered interstate order;
(iv) the contravention of a police protection notice; or
(v) the contravention of release conditions,
is to consider whether action should be taken under another Act as well as the
Domestic and Family Violence Protection Act. In deciding whether to institute
proceedings under another Act, the officer is to comply with s. 3.4.3: ‘The discretion
to prosecute’ of the OPM, including applying the ‘sufficiency of evidence’ and ‘public
interest’ tests.
POLICY
Officers investigating domestic violence should consult with the aggrieved and
named persons (where applicable) about the possibility of pursuing criminal charges
where the domestic violence amount to criminal acts.
If doubt arises whether proceedings should be initiated under another Act in addition
to the Domestic and Family Violence Protection Act, the investigating officer should
seek advice from a local police prosecutor, their officer in charge or a supervising
officer. If an investigating officer believes it may not be in the public interest to
proceed with an offence, the officer is to comply with s. 3.4.2: ‘The decision to
institute proceedings’ of the OPM by referring the matter to their officer in charge for
advice.
Where an officer is investigating a domestic violence order application as well as a
criminal offence, the investigating officer is to determine whether the domestic
violence order application should be finalised prior to the continuation or finalisation
of the criminal investigation.
Whether action will be taken under the Domestic and Family Violence Protection Act
or another Act first, will depend on:
(i) the nature of the domestic violence;
(ii) the nature, type and seriousness of the offence;
(iii) the need to immediately investigate the criminal offence, e.g. to prevent
the loss of evidence;

- 29 -
(iv) the fact that under s. 120: ‘Person not to be questioned about offence’ of
the Domestic and Family Violence Protection Act, a person who has been
taken into custody under the Domestic and Family Violence Protection Act
cannot be interviewed in relation to offences under another Act e.g. common
assault under the Criminal Code.
Where an officer reasonably suspects a respondent has committed an offence
under another Act, the officer should consider whether it is more appropriate to:
(i) arrest the respondent under s. 365(1): ‘Arrest without warrant’ of the Police
Powers and Responsibilities Act; or
(ii) in the case of an indictable offence, arrest the respondent for the offence
for the purpose of questioning the respondent about the commission of the
offence in accordance with s. 365(2): ‘Arrest without warrant’ of the Police
Powers and Responsibilities Act,
in preference to taking the respondent into custody under the Domestic and
Family Violence Protection Act.
Where a respondent is in custody for an offence under another Act and the
investigating officer decides, based on the circumstances of the incident, to make an
application for a domestic violence order, the officer should ensure a domestic
violence application or order is completed and served prior to the respondent’s
release.
Arresting a respondent for an offence arising from a domestic violence incident is
not an alternative to investigating the domestic violence and taking appropriate
action under the Domestic and Family Violence Protection Act (see s. 9.6.1: ‘Police
action re domestic violence’ of this circular).
The onus rests on the investigating officer to properly investigate the incident and
obtain all available evidence to support the commencement of proceedings under
the Domestic and Family Violence Protection Act or another Act. This may include
audio and video taping of evidence, obtaining witness statements/affidavits and
making notes in an official police notebook (see Chapter 2: ‘Investigative Process’ of
the OPM).
For the recording of complaints of unlawful stalking, refer to s. 1.12.2: ‘Recording an
offence on QPRIME’ of the OPM.
9.6.8 Domestic violence referral agencies
POLICY
The Service recognises an integrated approach to domestic violence across
government and the community is necessary for the effective application of
legislation. Members should be aware of the vital roles carried out by government
and non-government agencies in addressing domestic violence.
District officers are to determine how members under their control refer persons to
suitable domestic violence support agencies. Where SupportLink is the preferred
referral method, district officers are to ensure that SupportLink is able to provide
appropriate referral details for domestic violence support agencies for the district.

- 30 -
ORDER
Officers should provide all parties involved in domestic violence with contact details
for appropriate support agencies, if available or alternatively, where SupportLink is
the preferred referral method, officers are to submit a SupportLink referral on the
QPS Corporate Intranet (Bulletin Board) (see s. 6.3.14: ‘SupportLink’ of the OPM).
Where SupportLink is not the preferred referral method in that district, officers in
charge are to ensure that a current Referral Agency Register, identifying domestic
violence support agencies and organisations relevant to their division, is maintained.
POLICY
Where it is identified that the resources of a support agency, where available, would
be of benefit to an adult aggrieved or the investigation of any report of domestic
violence, officers are to discuss with that person the option of police notifying the
appropriate agency either directly or where SupportLink is the preferred referral
method, via a SupportLink referral.
When the release of confidential information relating to the adult aggrieved,
including contact details, is agreed to, investigating officers should obtain written
consent from the aggrieved prior to informing the nominated agency.
Written permission may take the form of an entry, written by the officer and signed
by the aggrieved in the officer’s official police notebook.
Officers should keep the aggrieved informed at each stage of the investigation and
prosecution process in accordance with s. 2.12: ‘Victims of crime’ of the OPM.
ORDER
With the exception of a SupportLink referral, officers are to ensure that prior to
notifying a support agency of a request to contact an adult aggrieved, an agreement
to respond to a referral in this manner has been obtained from that agency.
Where a child requires support or protection as a result of being exposed to
domestic violence, the Department of Communities, Child Safety and Disability
Services is to be advised (see s. 7.6.10: ‘Domestic violence involving children’ of
this circular). There is no authority under the Child Protection Act to refer a child to a
non-government agency for support or counselling.
Employee Assistance Service
Members of the Service and their immediate families involved in domestic violence
matters are encouraged to seek expert assistance through the Employee
Assistance Service provided by the Service (see ‘Employee Assistance’ of the
Human Resources Policies).
POLICY
Officers dealing with domestic violence incidents involving members of the Service
or their immediate families should advise such persons that assistance can also be
provided by the respective region or command’s Human Services Officer.

- 31 -
9.7 Domestic violence custody
9.7.1 Domestic violence custody
Power of detention under the Police Powers and Responsibilities Act
When initially responding to a report of domestic violence s. 609: ‘Entry of place to
prevent offence, injury or domestic violence’ of the Police Powers and
Responsibilities Act provides officer with a number of powers (see s. 9.6.1: ‘Police
action re domestic violence’ of this chapter), including the power to detain anyone at
the relevant place for the time reasonably necessary to establish whether domestic
violence is occurring, or has occurred before the officer’s arrival at the place;
Once an officer is reasonably satisfied domestic violence is occurring, or has
occurred before the officer’s arrival at the place, the officer may detain a person:
(i) to prevent acts of violence or damage to property; and/or
(ii) to search the person for anything that may be, or has been used to cause
injury or damage or for an act of domestic violence.
Officers are to note that detention under s. 609 of the Police Powers and
Responsibilities Act is not the same as taking a person into custody under s. 116:
‘Police officer may take person into custody’ of the Domestic and Family Violence
Protection Act.
When it is appropriate to take a person into custody under s. 116 of the Domestic
and Family Violence Protection Act, the officer is first to ‘undetain’ the person under
the Police Powers and Responsibilities Act prior to taking the person into custody
under the Domestic and Family Violence Protection Act.
Detention under the Police Powers and Responsibilities Act is to be recorded as a
separate enforcement act in QPRIME to the person’s custody under the Domestic
and Family Violence Protection Act.
ORDER
Any detention or search conducted under s. 609 of the Police Powers and
Responsibilities Act is an enforcement act and a register entry must be created (see
s. 679 of the Police Powers and Responsibilities Act and s. 2.1.2: ‘Registers
required to be kept’ of this Manual). Enforcement act register entries are to be
recorded within the relevant QPRIME occurrence prior to the reporting officer
terminating duty (see QPRIME User Guide).
Taking a respondent into custody under the Domestic and Family Violence
Protection Act
ORDER
When an officer receives a report of domestic violence and on investigation there
are reasonable grounds for suspecting a person has committed domestic violence
and:
(i) another person is in danger of personal injury; or
(ii) property is in danger of being damaged;

- 32 -
by a respondent the officer is to take the respondent into custody whilst conducting
an investigation into the report of domestic violence and make an application for a
domestic violence order.
POLICY
When the respondent is taken into custody, the investigating officer should inform
the aggrieved and any named persons at the earliest opportunity of action to be
taken by police including the result of any inquiries/applications where appropriate.
The investigating officer is to consult with the aggrieved in relation to any safety
concerns if the respondent returns to the premises.
Where the respondent has committed criminal offences, officers may consider
detaining or arresting the person under the Police Powers and Responsibilities Act
(see s. 9.6.7: ‘Prosecution of statutory offences’ of this circular) in place of detention
under the Domestic and Family Violence Protection Act.
Such detention or arrest for an offence stemming from a domestic violence incident
under the Police Powers and Responsibilities Act is not an alternative to
investigating and taking appropriate action in relation to the domestic violence (see
s. 9.6.1: ‘Police action re domestic violence’ of this circular).
The investigating officer is to arrange with the releasing officer (see s. 9.3.1:
‘Definitions’ of this circular) for the respondent to be released on conditions which
address all the issues, including the safety concerns of the aggrieved and whether
or not the respondent should be excluded from any premises (see s. 9.7.3:
‘Watchhouse/holding cell procedures – search and release’ of this chapter).
Officers are to refer to Chapter 16: ‘Custody’ of the OPM for detention procedures.
Where an officer receives a report of domestic violence and on investigation there is
no evidence to justify taking the respondent into custody, the officer is to, where
sufficient evidence is available, make an application for a domestic violence order in
accordance with s. 9.8: ‘Domestic violence orders, police protection notices and
conditions’ of this circular.
ORDER
A respondent taken into custody under the Domestic and Family Violence Protection
Act must be taken to a:
(i) holding cell at a police station or establishment and delivered into the
custody of the most senior officer present; or
(ii) watchhouse and delivered into the custody of the watchhouse manager,
as soon as reasonably practicable by a police officer.
PROCEDURE
When a respondent is taken into custody under the Domestic and Family Violence
Protection Act and transported to a holding cell or watchhouse, the officer who
transported the respondent is to create a ‘whiteboard’ custody report in QPRIME.
The investigating officer is to link the ‘whiteboard’ custody report to the relevant
domestic violence occurrence (see QPRIME User Guide).

- 33 -
Service of domestic violence application on respondent
ORDER
Where a respondent has been taken into custody for the making of a domestic violence
order application:
(i) a copy of the:
(a) DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from
custody conditions’;
(b) Temporary Protection Order; or
(c) Protection Order,
is to be served and explained to the respondent; and
(ii) the respondent is to be informed by the officer serving the documents, that release
conditions under the Domestic and Family Violence Protection Act continue in force
until:
(a) where the court:
makes a domestic violence order; or
makes a temporary protection order with the same conditions as
the release conditions;
POLICY
when the order is served on the respondent or otherwise becomes enforceable
(see s. 9.8.4: ‘Service of domestic violence documents’ of this circular); or
(b) the court adjourns the application and a domestic violence order is not
issued or the court dismisses the application,
(See s. 125(5) and (6): ‘When police officer must release person on conditions’
of the Domestic and Family Violence Protection Act),
prior to their release from custody.
Where the applicant officer is present at the holding cell or watchhouse at the time the
respondent is to be released from custody, the applicant officer should, whenever
practicable, serve and explain the documents to the respondent.
If the applicant officer has departed the holding cell or watchhouse, the most senior
releasing police officer on duty, where practicable, should serve and explain the documents
to the respondent.
PROCEDURE
Where the applicant officer serves the:
(i) DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from custody
conditions’; or
(ii) Temporary Protection Order,
on the respondent, the officer is to ensure the DV21: ‘Affidavit of Service’ is completed in
accordance with s. 9.8.4: ‘Service of domestic violence documents’ of this chapter.
Where the releasing police officer (see s. 9.3.1: ‘Definitions’ of this chapter) is required to
serve and explain a:

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(i) DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from custody
conditions’; or
(ii) Temporary Protection Order,
in accordance with s. 124: ‘Release of person from custody’ of the Domestic and Family
Violence Protection Act and it is not operationally practicable to complete a DV21: ‘Affidavit
of Service’ prior to the first appearance date of the application in court, a QP 0947:
‘Statement of document service’ may be completed as evidence of service of documents.
The DV01: ‘Application for a Protection Order’ and:
(i) DV21: ‘Affidavit of Service’ or
(ii) QP 0947: ‘Statement of document service’,
should be delivered to the court where the application is being made prior to the first
appearance date.
Where a Protection Order is served on the respondent, a DV21: ‘Affidavit of Service’ is to be
completed by the serving officer. A copy of the order and the affidavit of service are to be
returned to the issuing court.
The service of documents under the Domestic and Family Violence Protection Act is to be
recorded within the relevant QPRIME occurrence prior to the reporting officer terminating
duty (see QPRIME User Guide).
Custody of a child as a respondent
ORDER
Where a child is taken into custody as a respondent, in accordance with s. 126:
‘Particular safeguards for detention of child’ of the Domestic and Family Violence
Protection Act the police officer is to:
(i) take the child into custody only as a last resort and for the least time
justified in the circumstances;
(ii) hold the child in custody separately from any adults; and
(iii) notify:
Detention period
(a) a parent of the child, unless a parent can not be found after making
all reasonable inquiries; and
(b) the Chief Executive (Child Safety) if the child is in the custody or
under the guardianship of the Department of Communities, Child Safety
and Disability Services.
A respondent may be detained under s. 119: ‘Detention time period’ of the Domestic
and Family Violence Protection Act until the later of the following occurs, but for no
more than four hours:
(i) if it is reasonably practicable to bring the person before a court whilst in
custody, to appear and be held until:

- 35 -
(a) a domestic violence order is made by the court and served on the
respondent by a releasing police officer;
(b) the hearing of a domestic violence order application is adjourned; or
(c) the application is dismissed;
(ii) an application for a domestic violence order is completed and release
conditions are served on the respondent (see s. 9.8.1: ‘Application for a
protection order’ of this circular); or
(iii) a temporary protection order is obtained after application by a police
officer and served on the respondent (see s. 9.8.2: ‘Application for a
temporary protection order’ of this circular).
When a respondent is in custody and:
(i) a domestic violence order is made by a court;
(ii) a temporary protection order is issued on police officer’s application; or
(iii) an application for a protection order is made,
the detention period may extend to a maximum of:
POLICY
(i) eight hours from when the person is first taken into custody if a police
officer reasonably believes the person is intoxicated (see s. 9.3.1: ‘Definitions’
of this circular) to the extent the respondent is incapable of understanding the
nature and effect of an application, order or release conditions; or
(ii) four hours initially from when a person is taken into custody if a police
officer reasonably believes:
(a) it is necessary to make arrangements to provide for the safety of the
aggrieved or a child. The respondent may be held until the
arrangements have been completed; or
(b) the respondent’s behaviour is so aggressive or threatening that it
presents a continuing danger of personal injury or property damage. The
respondent may be held until the danger of injury or damage has
ceased.
In the case of (ii) above, an officer may seek to extend the detention period for
a maximum of a further four hours upon application to a magistrate (see the
subsection titled ‘Extension of detention period’ of this section)
When a respondent is detained under the Domestic and Family Violence Protection
Act, they should be held for such time as reasonably necessary:
(i) to allow suitable arrangements for the safety of the aggrieved;
(ii) for their behaviour to moderate so as to no longer pose a danger of
personal injury or property damage; or

- 36 -
(iii) to recover from their intoxication to the extent that they are capable of
understanding the nature and effect of an application, order or release
conditions.
PROCEDURE
The:
(i) watchhouse manager;
(ii) most senior police officer on duty at the station or establishment; or
(iii) applicant police officer,
responsible for the custody of the respondent, is to ensure the custody report in
QPRIME reflects the continuing grounds for the detention of the respondent. The
custody register is to be updated to record the date and time:
(i) the arrangements to safeguard the aggrieved were completed;
(ii) the police officer reasonably believed the person was capable of
understanding the nature and effect of a protection order application and
release conditions, domestic violence order or temporary protection order
under the Domestic and Family Violence Protection Act; or
(iii) the police officer reasonably believed the person’s behaviour no longer
presented a continuing danger of personal injury or property damage, and
(iv) the respondent was released from police custody.
Extension of detention period
Section 121: ‘Police officer may apply for extension of detention period’ of the
Domestic and Family Violence Protection Act provides an extension of the detention
period may be sought by a police officer when:
(i) arrangements need to be put into place to protect the safety of the
aggrieved or a child; or
(ii) the respondent’s behaviour is so aggressive or threatening that it presents
a continuing danger of personal injury or property damage,
to a maximum of eight hours from when the respondent was initially taken into
custody under the Domestic and Family Violence Protection Act. The application
must be made to a magistrate prior to the initial four hour detention period expiring.
PROCEDURE
Prior to making the application to the magistrate, the officer applying for an
extension of the detention period must:
(i) complete a DV06: ‘Application to extend detention period’ (available in
QPRIME) including the grounds to support the further detention;
(ii) advise the respondent or the respondent’s lawyer of the application and
provide a copy of the application to the respondent;

- 37 -
(iii) ask the respondent, or the respondent’s lawyer, whether:
(a) the application is supported or opposed by the respondent; and
(b) the respondent or the lawyer wish to make a submission to the
magistrate in respect to the detention period extension application.
The magistrate must be informed whether the:
(i) respondent or the respondent’s lawyer wishes to make a submission
regarding the application; and
(ii) respondent’s ability to communicate with the magistrate is affected for any
reason, for example intoxication or aggressive behaviour,
by the police officer applying for an extension of the detention period at the time of
presenting the application to the magistrate.
An application can be made by phone, fax, radio or email outside business hours or
when a special circumstance exists such as an application by a remotely stationed
officer.
ORDER
An application for an extension of the detention period must be made to a
magistrate prior to the expiry of the initial detention period and include the grounds
to support the extended detention period.
PROCEDURE
Where an extension of the detention period is sought, the
(i) watchhouse manager;
(ii) most senior police officer on duty at the station or establishment; or
(iii) applicant police officer,
is to ensure the respondent’s custody report in QPRIME is updated to record:
(i) the grounds supporting the application extension to the detention period;
and
(ii) the date and time the application was made and the results of the
application.
An application for an extension of the detention period may be made at the same
time a domestic violence order or temporary domestic violence order is made.

- 38 -
9.7.2 Release of respondent for treatment or due to intoxication
A respondent may be released from custody to receive treatment or recover safely
from intoxication. When a person is released from custody in this manner a police
officer is not required to comply with:
(i) s. 118: ‘Police officer must apply for protection order’;
(ii) s. 124: ‘Release of person from custody’; or
(iii) s. 125: ‘When police officer must release person on conditions’,
of the Domestic and Family Violence Protection Act, but may:
(i) issue a police protection notice, where a respondent is released for
treatment;
(ii) seek a temporary protection order; or
(iii) make application for a protection order by DV01: ‘Application for a
Protection Order’;
(see s. 9.8: ‘Domestic violence orders, police protection notices and conditions’ of
this circular) for the protection of the aggrieved, children and any associated
persons and serve or arrange for service of an application for a protection order,
protection order or temporary protection order on the respondent.
Release of respondent for treatment
Section 127: ‘Person may be taken to place for treatment’ of the Domestic and
Family Violence Protection Act provides a respondent taken into custody under the
Domestic and Family Violence Protection Act may be transported to another place
(for example, a hospital) for the purpose of receiving any treatment necessary for
the respondent’s welfare.
If the police officer reasonably believes treatment will not be completed prior to the
expiry of any detention period, the respondent must be released from custody at the
place where the treatment will be completed.
POLICY
When the place providing the treatment to the respondent indicates the treatment
will not be completed prior to the expiry of the detention period under the Domestic
and Family Violence Protection Act, the police officer should obtain a notation in
their official police notebook to that effect from the person providing care for the
respondent.
PROCEDURE
The police officer who takes and releases the respondent at the treatment place is
to:
(i) complete the QPRIME custody entry as appropriate (see QPRIME User
Guide);

- 39 -
(ii) serve or arrange for service of an application for a protection order,
protection order, temporary protection order on the respondent or issue and
serve a police protection notice on the respondent; and
(iii) pass any relevant information regarding the respondent onto the person
providing care for the respondent;
Release of intoxicated respondent to a place of safety
Section 128: ‘When intoxicated person may be taken to a place of safety’ of the
Domestic and Family Violence Protection Act provides that if a respondent is
intoxicated, and at any time whilst in custody under the Domestic and Family
Violence Protection Act a police officer reasonably believes it is more appropriate for
the person to be taken to a place of safety, other than a watchhouse, the police
officer must, at the earliest reasonable opportunity, take the person to the place of
safety and release the person at that place.
However, these provisions do not apply in cases where the police officer is satisfied
a person at the ‘place of safety’ is unable to provide care for the person, or the
person’s behaviour may pose a risk of harm, including, but not limited to, domestic
violence or associated domestic violence, to other persons at the place of safety
(see s. 128(3) of the Domestic and Family Violence Protection Act).
ORDER
When an intoxicated respondent is taken into custody under the Domestic and
Family Violence Protection Act and it is more appropriate for the respondent to be
taken to a place of safety, other than a watchhouse, a police officer at the earliest
reasonable opportunity is to take the person to, and release the person at, a place
of safety.
A ‘place of safety’ is defined in s. 128(9) of the Domestic and Family Violence
Protection Act, as a place, other than a holding cell at a police station or
establishment or a watchhouse, where the police officer considers the intoxicated
respondent can receive the care necessary to enable safe recovery from the effects
of intoxication. Examples of a ‘place of safety’ include:
(i) a place, other than a hospital, that provides care for persons who are
intoxicated (e.g. a diversionary centre);
(ii) a vehicle used to transport persons to a place of safety and under the
control of someone other than a police officer; and
(iii) the respondent’s home, or the home of a relative or friend, if there is no
likelihood of domestic violence or associated domestic violence happening at
the place because of the person’s condition or the person is not subject to a
domestic violence order or any other court order preventing the person from
entering or remaining at the place.
Prior to releasing a respondent at a place of safety, the police officer is to ensure the
person apparently in possession or in charge of the place of safety signs an
undertaking to provide care for the respondent. The undertaking should be obtained
on a DVxx: ‘Place of safety – intoxicated respondent (carer undertaking)’ (available
on QPS Forms Select).

- 40 -
PROCEDURE
The police officer who takes and releases the respondent at the place of safety is to:
ORDER
(i) complete the QPRIME custody entry as appropriate (see QPRIME User
Guide);
(ii) serve or arrange for service of:
(a) an application for a protection order;
(b) protection order; or
(c) temporary protection order,
on the respondent at such a time when the respondent is capable of
understanding the nature and effect of an application or order,
(iii) pass any relevant information regarding the respondent onto the person
providing care for the respondent; and
(iv) obtain a signed undertaking on a DVxx: ‘Place of safety – intoxicated
respondent (carer undertaking)’ from the person apparently in possession or
in charge of the place;
(v) give anything taken from the respondent to:
(a) if the place of safety is the respondent’s home – to a person at the
home who is an adult member of the respondent’s family;
(b) if the place of safety is the home of a friend or relative – to the friend
or relative, for safe keeping while the respondent is at the place; or
(c) otherwise – to the person apparently in possession or in charge of
the place of safety, for safe keeping while the respondent is at the place;
(vi) obtain a signed QP 0034: ‘Indemnity receipt’ from the person receiving the
respondent’s property; and
(vii) scan the signed undertaking and indemnity receipt into the relevant
QPRIME occurrence (see QPRIME User Guide) and file at the releasing
officer’s station or establishment.
When a respondent is taken to a place of safety due to their level of intoxication a
police protection notice is not to be issued, as the respondent is unlikely to
understand the nature and consequences of the notice (see s. 110: ‘Explanation’ of
the Domestic and Family Violence Protection Act).

- 41 -
Places of safety
POLICY
Places of safety, other than a hospital, operated by the Government or external
organisations may be available in some localities. Where such facilities are
available, officers in charge of stations or establishments should ensure an
appropriate list of such places is maintained and is available to officers under their
control. Such a list should contain information concerning each place of safety
including:
(i) its capacity and hours of operation;
(ii) the type of persons able to be taken there; and
(iii) the notification process (i.e. whether it is necessary to call prior to
attending).
9.7.3 Watchhouse/holding cell procedures – search and release
ORDER
When a respondent is taken into custody for the making of an application, the:
(i) officer, if not the applicant officer, transporting the respondent to a
watchhouse or police station is to record the:
(a) respondent on the watchhouse or police station’s ‘whiteboard’ and
commence a custody record in QPRIME (see QPRIME User Guide);
(b) date and time the person was taken into custody; and
(c) applicant officer’s name, rank, station and registered number; or
(ii) applicant officer is to create a ‘Domestic Violence – Application
Police [1372]’ occurrence and commence a custody record (see QPRIME
User Guide) and:
(a) record the date and time the person was taken into custody;
(b) record the grounds the applicant officer has for reasonably
suspecting domestic violence has been committed and that:
another person was in danger of personal injury; or
property was in danger of being damaged,
if the respondent was not taken into custody;
(c) complete the enforcement register entries required under s. 45A:
‘Detentions under the Domestic and Family Violence Protection Act’ of
the Police Powers and Responsibilities Regulation; and
(d) complete an application for a protection order (see s. 9.8.1:
‘Application for a Protection Order’ of this circular).

- 42 -
Watchhouse managers or the most senior officer on duty at a police station with a
holding cell are to ensure the above particulars are entered in QPRIME as soon as
possible after the person is taken to the watchhouse/holding cell.
Applicant officers are to advise the watchhouse manager or the most senior officer
on duty at a police station of the relevant QPRIME occurrence number as soon as
practicable.
Watchhouse managers or the most senior officer on duty at a police station with a
holding cell are to ensure that the respondent’s QPRIME Custody Report (Full) is
made available for inspection at all reasonable times to a person who has been
taken into custody under the provisions of s. 116: ‘Police officer may take person
into custody’ of the Domestic and Family Violence Protection Act or to another
person authorised in writing by that person, to the extent that the report contains an
entry or particulars relating to the person taken into custody.
When releasing a person taken into custody under the Domestic and Family
Violence Protection Act, the releasing police officer (see s. 9.3.1: ‘Definitions’ of this
circular) is to ensure that a QP 0937: ‘Release from Custody Conditions’ is
generated through the relevant QPRIME Custody Report (Full) (see QPRIME User
Guide).
PROCEDURE
When a person is delivered into the custody of a watchhouse manager or the most
senior officer on duty at a police station under the provisions of s. 117 of the
Domestic and Family Violence Protection Act, officers may search and re-search the
person and take and retain while the person is in custody:
(i) anything that may endanger anyone’s safety, including the person’s safety;
(ii) anything that may be used for an escape; or
(iii) anything else that the officer reasonably considers should be kept in safe
custody while the person is in custody (see s. 442: ‘Application of ch 16’ and
s. 443: ‘Police officer may search person in custody’ of the Police Powers and
Responsibilities Act).
Refer also to s. 16.10: ‘Search of persons’ of the OPM.
When releasing a person taken into custody under the Domestic and Family
Violence Protection Act, in accordance with s. 125: ‘When police officer must
release person on conditions’ of the Domestic and Family Violence Protection Act
the following release conditions are to be applied by the releasing police officer, that
the respondent must:
(i) not use a weapon until the matter is heard by a court;
(ii) be of good behaviour towards the aggrieved;
(iii) not commit domestic violence against the aggrieved;
(iv) if the release conditions name a child of the aggrieved (see s. 9.13
‘Children exposed to domestic violence’ of this circular), or a child who usually
lives with the aggrieved, the person must:

- 43 -
(a) be of good behaviour towards the child;
(b) not commit domestic violence against the child; and
(c) not expose the child to domestic violence (see s. 10: ‘Meaning of
exposed to domestic violence’ of the Domestic and Family Violence
Protection Act);
(v) if the release conditions name a relative or associate of the aggrieved, the
person must:
(a) be of good behaviour towards the named relative or associate; and
(b) not commit associated domestic violence (see s. 9: ‘Meaning of
associated domestic violence’ of the Domestic and Family Violence
Protection Act) towards the named relative or associate.
The conditions mentioned in (iv) and (v) apply only if the releasing police officer
considers it appropriate to name a child of the aggrieved, relative or associate of the
aggrieved in the release conditions.
The releasing police officer is to seek the advice of the investigating officer when
determining release conditions, including whether or not to exclude the respondent
from any premises.
The releasing police officer should, where practicable, advise the aggrieved of the
release of the respondent at or before the time of the respondent’s release from
custody.
A copy of the DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from
custody conditions’ are to be served and explained to the respondent, prior to the
respondent’s release from custody (see the subsection titled ‘Service of domestic
violence application on respondent’ of s. 9.7.1: ‘Domestic violence custody’ of this
circular).
Where the hearing date for the application is more than five business days (one
week, excluding weekend days or public holidays, see s. 38: ‘Reckoning of time’ of
the Acts Interpretation Act) after the date the respondent was released on release
conditions, the applicant police officer must apply for a temporary protection order
under s. 129: ‘When police officer may apply for a temporary protection order’ of the
Domestic and Family Violence Protection Act from a magistrate (see s. 9.8.2:
‘Application for a temporary protection order’ of this circular).

- 44 -
9.8 Domestic violence orders, police protection notices and
conditions
ORDER
When an officer has carried out investigations into a report of domestic violence and
an application for a protection order is to be made, that officer is to create a
domestic violence occurrence on QPRIME (Domestic Violence – Application
Police [1372]) including the completion of the documentation to support the
application.
PROCEDURE
Proceedings under the Domestic and Family Violence Protection Act are
commenced by:
(i) where the respondent has been taken into custody, completion and service
of a DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from
Custody Conditions’ under the provisions of s. 116: ‘Police officer may take
person into custody’ of the Domestic and Family Violence Protection Act (see
s. 9.7.1: ‘Domestic violence custody’ of this chapter); or
(ii) where the respondent has not been taken into custody, by the completion
and service of a:
(a) DV01: ‘Application for a Protection Order’ in QPRIME (see QPRIME
User Guide); or
(b) QP 0899: ‘Police protection notice’ (see s. 9.8.3: ‘Police protection
notice’ of this chapter).
9.8.1 Application for a Protection Order
PROCEDURE
When preparing documents for a DV01: ‘Application for a Protection Order’ officers
should ensure:
(i) the respondent is directed to appear at a time, date and court at which
domestic violence applications are being heard, as these details vary between
locations;
(ii) confer, if time permits with the relevant police prosecution corps which is to
present the matter and confirm the mention date is suitable;
(iii) serve a copy of the application on the respondent, with a QP 0937:
‘Release from custody conditions’ if the respondent was taken into custody
under s. 116 of the Domestic and Family Violence Protection Act;
(iv) complete a DV21: ‘Affidavit of Service;
(v) ensure a signed copy of the application and affidavit of service is filed with
the Clerk of the Magistrates Court at the Court where the person is to appear
within three days of service of the application and in any case before the date
set for the respondent’s date of appearance; and
(vi) distribute the completed documentation in accordance with the instructions
printed on the form.

- 45 -
Officers should ensure the aggrieved and any other persons named in the
application have been advised, as soon as possible, with regard to the issue of an
application or order and the conditions granted thereon.
The aggrieved is to be given a copy of the application and a notice of the time and
place the application is to be heard.
ORDER
Officers making application to a court for a domestic violence order are to prepare,
or cause to be prepared, documents required by the police prosecutor (see
s. 9.12.2: ‘Documents required by police prosecutor’ of this chapter).
Officers are to ask the aggrieved if the confidentiality of contact details is an issue
and, if necessary, make appropriate arrangements to ensure such confidentiality.
PROCEDURE
Where the aggrieved requests their contact details to not be included on the notice,
officers should provide the contact details of the aggrieved to the court on a
QP 0932: ‘Aggrieved confidential address form’ (available on QPS Forms Select).
Applications including named persons
Applications for domestic violence orders may also include:
(i) a child:
(a) of the aggrieved; or
(b) a child who usually lives with the aggrieved
(see s. 53: ‘Naming child’ of the Domestic and Family Violence
Protection Act and s. 9.13: ‘Children exposed to domestic violence’ of
this chapter);
(iii) a relative of the aggrieved (see s. 52: ‘Naming relative or associate of
aggrieved’ of the Domestic and Family Violence Protection Act); and
(iv) an associate of the aggrieved (see s. 24(3): ‘Who can a domestic violence
order protect’ and s. 52 of the Domestic and Family Violence Protection Act),
who become a named person in the order (see s. 24: ‘Who can a domestic violence
order protect’ of the Domestic and Family Violence Protection Act). Prior to including
named persons in a domestic violence order, the court must be satisfied that
naming the relative or associate in the order is necessary or desirable to protect
them from associated domestic violence.
ORDER
Officers submitting a DV01: ‘Application for a Protection Order’ which seeks to have
relatives, children or associates of the aggrieved protected by a domestic violence
order are to include sufficient information to demonstrate the naming of the:
(i) person is necessary or desirable to protect them from associated domestic
violence; or
(ii) child is necessary or desirable to protect the child from:
(a) associated domestic violence; or

- 46 -
(b) being exposed to domestic violence committed by the respondent.
Applications involving several respondents
ORDER
A separate DV01: ‘Application for a Protection Order’ is to be completed for each
respondent.
POLICY
Where multiple respondents have been involved in the same or substantially the
same acts of domestic violence against an aggrieved, the applications should be
collated and presented to the court for hearing together. A single QPRIME
occurrence is to be created with additional QPS DV reports where more than one
respondent is involved.
9.8.2 Application for a temporary protection order
An application for a temporary protection order under s. 129: ‘When police officer
may apply for temporary protection order’ of the Domestic and Family Violence
Protection Act, can be made by telephone, fax, radio, e-mail or other similar facility
(see s. 130: ‘Making of application’ of the Domestic and Family Violence Protection
Act).
Section 129 of the Domestic and Family Violence Protection Act provides a police
officer:
ORDER
(i) may apply for a temporary protection order against a person if the police
officer reasonably believes:
(a) the application for a protection order will not be decided sufficiently
quickly by a court to protect the aggrieved from domestic violence; and
(b) a temporary protection order is necessary or desirable to protect the
aggrieved from domestic violence; or
(ii) must apply for a temporary protection order if the respondent has been
released from custody under release conditions and the date for the hearing is
more than five business days (one week, excluding weekend days or public
holidays) after the day of release.
Officers seeking the issue of a temporary protection order under the provisions of
s. 129 of the Domestic and Family Violence Protection Act are to complete a DV01:
‘Application for a Protection Order’ in accordance with s. 9.8.1: ‘Application for a
Protection Order’ of this circular.
The particulars of the application are to be provided by telephone, fax, radio, e-mail
or other similar facility to a magistrate. The magistrate will then decide whether to
issue a temporary protection order and reply to the police officer by telephone, fax,
radio, e-mail or other similar facility.

- 47 -
PROCEDURE
If a temporary protection order is made, the applicant officer is to prepare a DV02:
‘Temporary Protection Order’, through the relevant QPRIME occurrence, in the
terms conveyed by the issuing magistrate. The DV02: ‘Temporary Protection Order’
is to include the:
(i) name of the magistrate who made the order;
(ii) date and time the order was made; and
(iii) date, time and place at which the matter is to come before a court for a
hearing of the application for the protection order.
A police officer is to personally serve a copy of the:
(i) DV02: ‘Temporary Protection Order’; and
(ii) DV01: ‘Application for a Protection Order’;
on the respondent as soon as is practicable.
The officer who served the documents on the respondent is to complete the affidavit
of service on the DV02: ‘Temporary Protection Order’ and ensure it is returned it to
the court where the matter is to be heard.
Officers are to ensure that:
(i) the DV01: ‘Application for a Protection Order’ is filed at the office of the
clerk of the court at the place where the application is to be heard as soon as
practicable after the temporary protection order is made;
(ii) a copy of the DV02: ‘Temporary Protection Order’ and a copy of the DV01:
‘Application for a Protection Order’ are given to the aggrieved as soon as is
practicable; and
(iii) prior to the return date shown on the DV02: ‘Temporary Protection Order’,
the relevant police prosecutor is provided with the documents required for the
hearing of an application for a protection order (see s. 9.12.2: ‘Documents
required by police prosecutor’ of this circular).
9.8.3 Police protection notice
A QP 0899: ‘Police Protection Notice’ provides an additional option to officers to
seek a domestic violence order under the Domestic and Family Violence Protection
Act, particularly in instances where the respondent is not taken into custody under
the Domestic and Family Violence Protection Act. When a police protection notice is
issued in accordance with s. 101: ‘Police officer may issue police protection notice’
of the Domestic and Family Violence Protection Act, the aggrieved is immediately
protected.
ORDER
Prior to issuing a police protection notice, the issuing officer must:
(i) be at the same location as the respondent;

- 48 -
POLICY
(ii) reasonably believe the respondent has committed domestic violence (see
s. 8: ‘Meaning of domestic violence’ of the Domestic and Family Violence
Protection Act);
(iii) reasonably believe there is not a current domestic violence order or police
protection notice which:
(a) names the respondent at the current incident as the respondent, and
the other person involved in the domestic violence as the aggrieved; or
(b) names the respondent at the current incident as an aggrieved, and
the other person involved in the domestic violence as a respondent (i.e.
cross-applications are not permitted);
(iv) reasonably believe a police protection notice is necessary or desirable to
protect the aggrieved from domestic violence;
(v) reasonably believe the respondent should not be taken into custody under
the Domestic and Family Violence Protection Act (see s. 9.7.1: Domestic
violence custody’ of this circular);
(vi) obtain approval of a supervising officer (see s. 9.3.1: ‘Definitions’ of this
circular) who is not involved in the investigation of the domestic violence
incident; and
(vii) have not terminated the shift on which the report of domestic violence was
received.
Officers are not to issue a police protection notice where:
(i) the respondent should be taken into custody (see s. 9.7.1: ‘Domestic
violence custody’ of this circular);
(ii) additional conditions in addition to the mandatory condition and optional
cool-down condition are necessary or desirable to protect the aggrieved from
domestic violence;
(iii) the officer believes it is necessary or desirable to protect:
(a) named persons; or
(b) children:
of the aggrieved; or
who usually live with the aggrieved;
in a domestic violence order;
(iv) the respondent is to be restricted from entering any premises, approaching
the aggrieved or attempting to contact the aggrieved beyond the period of the
cool-down condition; or
(v) the supervising officer does not approve the issuing of the notice.

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A police protection notice is only to be issued on the same shift a report of domestic
violence is received. The notice is intended to allow officers to resolve an incident
without needing to attend a police station to complete a DV01: ‘Application for a
Protection Order’.
Where an officer has formed the intention to issue a police protection notice and the
respondent is threatening or attempting to decamp from the officer prior to the
completion and service of a police protection notice, the respondent may be directed
to remain at an appropriate place for a period reasonably necessary, in accordance
with s. 134(1)(b) of the Domestic and Family Violence Protection Act (see s. 9.8.5:
‘Power to direct person to remain at a place’ of this circular).
The time a person may be directed to remain at the appropriate place under
s. 134(3) of the Domestic and Family Violence Protection Act is:
(i) one hour; or
(ii) a longer reasonably necessary time, having regard to the particular
circumstances.
PROCEDURE
When preparing a police protection notice, officers are to:
(i) contact a supervising officer (see s. 9.3.1: ‘Definitions’ of this chapter) and
seek approval to issue a police protection notice. If the supervising officer
does not grant approval, officers are to:
(a) make application for a protection order by another process under the
Domestic and Family Violence Protection Act; or
(b) finalise the investigation in accordance with s. 9.6.3; ‘Police action
where there is insufficient evidence’ of this chapter;
(ii) complete the notice in a legible manner;
(iii) request the respondent to provide:
(a) the respondent’s contact details; and
(b) address for service of documents,
(the respondent is not obliged to comply with this request);
(iv) fully record the grounds to support the issue of a domestic violence order
against the respondent;
(v) select a date when the matter is to be heard. If the magistrates court sits:
(a) at least once a week, within the next 5 business days;
(b) within the next 28 days, at the next available court date; or
(c) if the next sitting date is more than 28 days after the notice is issued,
the respondent is to be advised:
the matter will be mentioned in another magistrates court
within 28 days of the notice being issued;

- 50 -
the other magistrates court will notify the respondent of the
date, time and place of the mention;
the respondent may participate in the mention by attending
the other magistrates court in person or by electronic means
hearing at the next local magistrates court sitting date; and
the other magistrates court may make a temporary
protection order whether or not the respondent participates
in the mention;
(vi) determine whether a cool-down condition is necessary or desirable to
protect the aggrieved from domestic violence (see the subsection titled ‘cooldown
condition’ of this section);
(vii) serve a copy of the application on the respondent;
(viii) complete a DV21: ‘Affidavit of Service’;
(ix) give or arrange for the aggrieved to be given a copy of the police
protection notice including the time and place the application is to be heard;
(x) ensure a signed copy of the police protection notice and affidavit of service
is filed with the clerk of the court where the person is to appear within three
business days of service of the notice and in any case before the date set for
the respondent’s date of appearance on the notice; and
(xi) distribute the completed documentation in accordance with the instructions
printed on the notice.
Officers should ensure the aggrieved named in the police protection notice has been
advised, as soon as possible, with regard to the issue of the notice and cool-down
condition (if issued).
ORDER
Officers issuing a police protection notice are to take reasonable steps to ensure the
respondent, aggrieved, or parent of a child who is a respondent or aggrieved,
understands the nature and consequences of the notice.
PROCEDURE
Officers issuing a police protection notice are to explain to the respondent,
aggrieved, or parent of a child who is a respondent or aggrieved:
(i) the purpose of the notice;
(ii) the duration of the notice;
(iii) the conditions of the notice;
(iv) the consequences of the respondent contravening the notice;
(v) that the aggrieved cannot consent to the respondent contravening the
notice;

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(vi) that the notice is an application for a protection order by a police officer;
(vii) the date, time and location where the hearing of the application will be
heard; and
(viii) the right of the respondent or aggrieved to obtain legal advice before
attending court.
After explaining the police protection notice to the respondent, officers may request
the respondent to sign the notice to acknowledge the receipt and explanation of the
notice. The respondent is not legally required to sign the notice and no offence is
committed if the respondent refuses to sign.
ORDER
The officer issuing a police protection notice is to ensure a QPRIME Domestic
Violence – Application Police [1372] occurrence is created prior to terminating the
shift where the notice is issued.
An officer who has issued a police protection notice is to prepare, or cause to be
prepared, documents required by the police prosecutor (see s. 9.12.2: ‘Documents
required by police prosecutor’ of this circular).
Officers are to ask the aggrieved if the confidentiality of contact details is an issue
and, if necessary, make appropriate arrangements to ensure such confidentiality.
PROCEDURE
Where the aggrieved requests their contact details to not be included on the notice,
officers should provide the contact details of the aggrieved to the court on a
QP 0932: ‘Aggrieved confidential address form’ (available on QPS Forms Select).
Cool-down condition
Where an officer issues a police protection notice, the respondent may be issued a
cool-down condition in accordance with s. 107: ‘Cool-down condition’ of the
Domestic and Family Violence Protection Act, if the police officer reasonably
believes such a condition is necessary or desirable to protect the aggrieved from
domestic violence.
Where a cool-down condition is issued, it commences from the time the notice is
served on the respondent and ends at a date and time:
(i) no more than 24 hours after the notice is issued; and
(i) reasonable, having regard to the circumstances of the respondent,
aggrieved and any other person.
Where a cool-down condition is issued, the respondent may be prevented from
doing any or all of the following:
(i) entering, attempting to enter, or remaining at the stated premises:
(a) where the respondent and aggrieved live together, or previously lived
together; or

- 52 -
(b) where the aggrieved lives;
or approaching within the stated distance of the stated premises;
(ii) approaching, or attempting to approach within a stated distance of the
aggrieved; or
(iii) contacting, attempting to contact, or asking someone else to contact the
aggrieved,
for the period of the cool-down condition.
ORDER
When a cool-down condition is imposed on a respondent, officers are to consider
the accommodation needs of the respondent in accordance with s. 108: ‘Police must
consider accommodation needs’ of the Domestic and Family Violence Protection
Act and take any necessary steps to ensure the respondent has access to
temporary accommodation.
Where a child is the respondent on a police protection notice with a cool-down
condition, officers are to arrange temporary accommodation for the respondent and
transport, or arrange the transport of, the respondent to the accommodation.
PROCEDURE
Officers should follow the procedures outlined in s. 9.15.2: ‘Transport and
accommodation assistance to a respondent’ of this circular when:
(i) considering the accommodation needs of an adult respondent; or
(ii) arranging temporary accommodation and transport of a child respondent.
9.8.4 Service of domestic violence documents
Service of documents on the respondent
As the service of domestic violence documents directly affects the safety of the
aggrieved and/or any relative or associate named in the order, in addition to the
effectiveness of enforcement action, officers should be aware of the urgency of
serving domestic violence documents on respondents.
ORDER
Officers are to serve such documents upon respondents as soon as reasonably
practicable.
A respondent should only be told of an order, including its conditions, by an
electronic means when personal service cannot be completed within a reasonable
period.
POLICY
Officers should ensure that domestic violence documents are served on the
respondent personally. Telling the respondent of the order and conditions (see the
subsection titled ‘Telling a respondent of an order’ of this section) or the use of
substituted service (see the subsection titled ‘Substituted service’ of this section) is

- 53 -
to be avoided unless personal service has first been attempted and further attempts
at personal service would significantly delay the service of the document e.g. the
respondent is avoiding service. Where the respondent is a child, see also s. 9.13.6:
‘Service of domestic violence documents on children’ of this circular.
PROCEDURE
Service of domestic violence documents is to be tasked through QPRIME, using the
‘document service’ work request task. The domestic violence documents should be
scanned into the relevant occurrence prior to sending the task (see QPRIME User
Guide). Where the assignee is located in a different work unit to the assigner, the
work request task should be sent through the relevant officer in charge.
ORDER
When documents under the Domestic and Family Violence Protection Act, are
received at a station or establishment for service, an officer is to:
(i) serve or cause to be served, a copy of the documents on the respondent as
soon as reasonably practicable;
(ii) after service, complete a DV21: ‘Affidavit of Service’ and return the
endorsed copies to the relevant clerk of the court; and
(iii) update the relevant QPRIME occurrence to record the document service
(see QPRIME User Guide).
When service of domestic violence documents cannot be effected by the date and
time fixed for the hearing, the clerk of the court where the matter was set down for
mention is to be advised to adjourn the hearing. In these circumstances, the officer
attempting to serve a protection order application should liaise with the relevant
police prosecutor presenting the matter and seek the issue of a temporary
protection order by the court in accordance with s. 40: ‘Hearing of application –
before respondent is served’ of the Domestic and Family Violence Protection Act
(see also s. 9.8.2: ‘Application for a temporary protection order’ of this circular).
Officers serving documents are to address confidentiality and safety issues,
particularly where an aggrieved has requested their address, telephone number or
private contact details not be disclosed.
PROCEDURE
Before attempting to serve domestic violence documents upon a respondent,
officers should check QPRIME to ascertain:
POLICY
(i) whether the respondent is a wanted person or a person of interest;
(ii) whether the respondent holds a weapons licence;
(iii) the details of any weapons recorded as being owned by the respondent;
and
(iv) any information which may be relevant to the safety of officers serving the
document.
Officers should treat the service of domestic violence documents as a matter of
urgency, particularly the service of domestic violence orders, and provide timely

- 54 -
advice to the aggrieved, where practicable, as to whether or not document service
has been effected.
Deemed service of temporary protection order
The Domestic and Family Violence Protection Act provides when a police officer
commences a proceeding by a:
(i) QP 0899: ‘Police protection notice’ (see s. 113: ‘Duration’ of the Domestic
and Family Violence Protection Act); or
(ii) DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from
custody conditions’ (see s. 125(6): ‘When police officer must release person
on conditions’ of the Domestic and Family Violence Protection Act);
and a court makes a temporary protection order that include the same conditions as
the police protection notice (the cool-down condition is not taken into account) or
release from custody conditions, the temporary protection order is deemed to have
been served on the respondent when the order is made.
Service of unserved documents on the respondent
ORDER
When an officer locates the respondent named in an unserved:
(i) application for a domestic violence order;
(ii) temporary protection order; or
(iii) protection order,
the officer is to advise the respondent of the existence of the unserved domestic
violence application or order and explain the conditions of the order to the
respondent.
PROCEDURE
If the officer is in possession of a copy of the unserved domestic violence
application or order when the respondent is located, the unserved domestic violence
application or order is to be served and explained to the respondent.
If the officer is not in possession of a copy of the unserved domestic violence
application or order when the respondent is located, the officer should:
(i) provide details of the unserved domestic violence application or order to the
respondent by either:
(a) arranging for a copy of the order to be sent electronically to the
officer, so the officer can explain the conditions of the order to the
person; or
(b) arranging for another police officer to tell the respondent about the
conditions of the order over a radio, telephone or other communication
device;
which would make a contravention of the order or any its conditions
enforceable.

- 55 -
(ii) make suitable arrangements for the respondent to receive a paper copy of
the domestic violence application or order.
Section 134: ‘Power to direct person to remain at place’ of the Domestic and Family
Violence Protection Act provides officers with the power to direct a respondent to
remain at an appropriate place for the time reasonably to serve and explain or tell a
respondent of an unserved domestic violence application or order (see s. 9.8.5:
‘Power to direct person to remain at a place’ of this chapter).
When an officer locates a respondent named in an unserved domestic violence
application or order, the officer is to update the relevant QPRIME occurrence with
the action taken to serve the order (see QPRIME User Guide).
Where a respondent is told of the conditions of an order over a radio, telephone or
other communication device, the officer in the presence of the respondent:
(i) is considered to have ‘told’ the respondent of the order and the conditions
of the order; and
(ii) is to update the relevant QPRIME occurrence.
Telling a respondent of an order
Where service on the respondent cannot be completed by personal service in a
timely manner, s. 177(3): ‘Contravention of domestic violence order’ of the Domestic
and Family Violence Protection Act provides a respondent may be ‘told’ about the
domestic violence order, including all conditions in the order, by any means
including telephone, e-mail, SMS, social networking site or other electronic
means. Where a respondent has been told about a domestic violence order and the
conditions of the order by any means, the order becomes enforceable.
The onus is on the prosecution to prove beyond reasonable doubt that the
respondent was informed of the existence of the order and any conditions contained
in the order.
PROCEDURE
Where a respondent is told of an order and its conditions by telephone or an
electronic device, the information is to be transmitted by a Service operated device
(for example by mobile phone, QPS email or facebook page). Private telephones
email or social media devices are not to be used to tell a respondent of an order.
The relevant QPRIME occurrence should be updated to record:
(i) the date and time;
(ii) the means of information transmission;
(iii) a transcribed copy of the transmitted text; and
(iv) whether or not the respondent acknowledged receipt of the information.
Once a respondent is ‘told’ of the existence of an order, service of the order may be
effected by:
(i) sending or delivering a copy of the order to the respondents last known
address (ordinary service);
(ii) preparing a DV21: ‘Affidavit of Service’ and returning the endorsed copies
of the order to the relevant clerk of the court; and

- 56 -
(iii) updating the relevant QPRIME occurrence to record the document service
(see QPRIME User Guide).
A respondent can not be directed to attend a police station or establishment to
complete service of an application or order under the Domestic and Family Violence
Protection Act.
Substituted service
POLICY
The use of substituted service is to be considered a last resort of service.
PROCEDURE
Where all attempts to achieve personal service, or ‘telling’ the respondent of the
existence of an application for a protection order, temporary protection order or
protection order have failed, an order for substituted service may be sought through
the magistrates court hearing the matter under s. 116: ‘Substituted service’ of the
Uniform Civil Procedure Rules (see s. 13.36: ‘Starting a civil proceeding’ of this
Manual).
Where substituted service is sought, application is to be made by a Form 9:
‘Application – Blank’ (available on QPS Forms Select) including:
(i) an affidavit outlining the attempts previously made to serve the document
on the respondent or inform the respondent of the document; and
(ii) the proposed method of achieving substituted service on the respondent.
Officers should consult with their local police prosecutions corps whenever possible
for advice and any necessary assistance prior to making application for substituted
service.
Giving documents to the aggrieved and named persons
ORDER
Where an officer is making an application to a court for a domestic violence order,
the officer is to give or arrange for a copy of the application to be given to the
aggrieved and any relative or associate named in the application as soon as is
reasonably practicable (see s. 35: ‘Copy of application must be given to aggrieved’
of the Domestic and Family Violence Protection Act).
9.8.5 Power to direct a person to remain at a place
A police officer who reasonably suspects that a person is named as a respondent in
an application for a protection order or a domestic violence order that has not been
served may, in accordance with s. 134: ‘Power to direct person to remain at place’
of the Domestic and Family Violence Protection Act direct a respondent to remain at
an appropriate place for the time reasonably necessary to allow service of the
document. A police officer must remain with the respondent during the period of the
direction.
An appropriate place would be considered a place where the respondent does not
commit an offence against the Domestic and Family Violence Protection Act, any
other legislation or be in a hazardous location (for example the respondent cannot
remain at a place where he or she would contravene a condition of the order or

- 57 -
beside a busy freeway). Officers should direct the person to attend a suitable
location in close proximity (for example a nearby intersection).
The time a person may be directed to remain at the appropriate place under
s. 134(3) of the Domestic and Family Violence Protection Act is:
ORDER
(i) one hour; or
(ii) a longer reasonably necessary time, having regard to the particular
circumstances (for example when investigating a current incident).
Officers are not to unreasonably delay the service of an order or application or
issuing and serving a police protection notice after giving a respondent a direction to
remain at an appropriate place.
The respondent is to be warned that it is an offence to fail to comply with the
direction, unless the person has a reasonable excuse.
POLICY
Officers should only direct a person to remain at a place in circumstances where the
respondent is likely to decamp prior to being served with an order, application or
notice.
ORDER
Where a person is directed to remain at a place in accordance with s. 134 of the
Domestic and Family Violence Protection Act, the police officer making the direction
is to ensure a custody report is created in the relevant domestic violence QPRIME
occurrence prior to the termination of that shift.
PROCEDURE
The police officer is to update the relevant QPRIME occurrence with the details:
(i) of the date and time the respondent was detained and released in a
custody report in the person’s entity (see QPRIME User Guide); and
(ii) regarding the service of the application or order.
Service of an order or application
Where a police officer who reasonably suspects a person is named as a respondent
in:
(i) an application for a protection order that has not been served on the
person; or
(ii) a domestic violence order that has not been served on the person;
the police officer may direct the respondent to remain at an appropriate place to
allow the officer to:
(i) if the officer has a copy of the application or order in their possession:
(a) serve a copy of the application for a protection order;
(b) serve a copy of the domestic violence order and explain the
conditions imposed by the order; or

- 58 -
(ii) if the officer does not have a copy of the order in their possession, arrange
for the respondent to be told about the order and any conditions imposed by
the order by:
(a) arranging for a copy of the order to be sent electronically to the
officer, so the officer can explain the conditions of the order to the
respondent; or
(b) arranging for another police officer to tell the respondent about the
conditions of the order over a radio, telephone or other communication
device,
(see the subsection titled ‘Telling a respondent of an order’ of s. 9.8.4:
‘Service of domestic violence documents’ of this circular).
In the instance of (ii) above, a domestic violence order becomes enforceable. The
officer in the presence of the respondent:
(i) is considered to have ‘told’ the respondent of the order and the conditions
of the order;
(ii) is to update the relevant QPRIME occurrence; and
(iii) should also make suitable arrangements for the respondent to receive a
paper copy of the order by ordinary service.
It must be noted by officers that under s. 134 of the Domestic and Family Violence
Protection Act, a respondent can not be directed to:
(i) remain at an appropriate place until a paper copy of the domestic violence
application or order is delivered; or
(ii) attend a police station or establishment to collect a paper copy of the
domestic violence application or order.
Issue of a police protection notice
Where a police officer is investigating a domestic violence incident and intends to
issue a police protection notice (see s. 9.8.3: ‘Police protection notice’ of this
chapter), the officer may direct the respondent to remain at an appropriate place to
allow the officer to prepare, serve and explain the police protection notice to the
respondent.
9.8.6 Domestic violence orders unable to be served
ORDER
Officers who are unable to serve a domestic violence protection order are to update
the relevant QPRIME occurrence outlining why the domestic violence order was not
able to be served and attach a scanned copy of the order (see QPRIME User
Guide).
PROCEDURE
If the officer is unable to serve a domestic violence order due to the respondent
residing:
(i) in another Queensland location, the officer is to forward a ‘document
service’ task in QPRIME; or

- 59 -
(ii) in another Australian state or New Zealand, the officer is to prepare and
submit a report requesting service of the order through their chain of
command;
to the officer in charge of the division where the respondent is residing or was last
known to reside.
9.8.7 Interstate orders
The Domestic and Family Violence Protection Act recognises domestic violence
orders which have been issued in another State, Territory or New Zealand and
registered at a court in Queensland. The legislation recognises that the categories
of persons protected by interstate orders are at times different from those referred to
in the Queensland legislation.
ORDER
When an interstate order has been registered in Queensland, officers are to enforce
the interstate order and its provisions as if it were issued in Queensland.
Before enforcing the contravention of an interstate order, officers are to satisfy
themselves that the order has been registered in Queensland.
When an officer attends a domestic violence incident and the aggrieved is protected
by an interstate order which has not been registered in Queensland, the officer is to
investigate the domestic violence in accordance with the Domestic and Family
Violence Protection Act.
POLICY
Officers in charge who receive registered interstate orders are to ensure that the
order is recorded as soon as practicable as a QPRIME occurrence (see QPRIME
User Guide).
PROCEDURE
Where an interstate order has not been registered in Queensland, officers should:
(i) determine if the circumstances of the report amount to an offence under
another Act. If an offence under another Act has been committed, officers
should consider taking action under that Act (see s. 9.6.7: ‘Prosecution of
statutory offences’ of this circular); and
(ii) investigate the report of domestic violence and make application for a
protection order under the Domestic and Family Violence Protection Act as
appropriate; or
(iii) advise the aggrieved to contact the nearest clerk of the court to have the
interstate order registered in Queensland if there are insufficient grounds to
make an application under the Domestic and Family Violence Protection Act.
9.8.8 Application to vary domestic violence orders including interstate orders

- 60 -
POLICY
Officers should provide any necessary assistance to an aggrieved regarding an
application for variation of a domestic violence order. However, officers should be
aware that a request by an aggrieved for the variation of a domestic violence order
may be due to threats, intimidation or other acts by a respondent. Officers should
bear in mind that the domestic violence order and the conditions on it directly affect
the safety of the aggrieved and any named persons.
PROCEDURE
Officers should, if it is believed:
(i) the change will benefit the aggrieved or named person; and
(ii) there is sufficient reason for so doing;
make the application for variation of the order on behalf of the aggrieved or named
person.
Officers should bear in mind the provisions of s. 9.6.6: ‘Contravention of domestic
violence order, release conditions or police protection notice’ of this circular where
circumstances indicate that the aggrieved wishes to resume contact with the
respondent for a number of reasons, which may include personal, business or family
matters and does not wish to contravene the domestic violence order.
Officers should be aware that there is no provision under the Domestic and Family
Violence Protection Act to revoke a domestic violence order, although under s. 175:
‘Variation or cancellation of registered interstate order’ of the Domestic and Family
Violence Protection Act an application may be made to cancel the registration of an
interstate order in Queensland.
ORDER
When an officer investigates a report of domestic violence and as a result of that
investigation the officer determines that an existing order needs to be varied for the
benefit of the aggrieved or named person, the officer is to:
(i) subject to the responsibility of the investigating officer to present sufficient
evidence to the court, record the grounds to support an application, including,
whenever possible, a statement or affidavit from the aggrieved;
(ii) open the relevant QPRIME occurrence and complete a DV04: ‘Application
to Vary a Domestic Violence Order’ (see QPRIME User Guide);
(iii) select a suitable date, time and place for the hearing of the application;
(iv) ensure the documents are filed with the clerk of the court where the
application is to be determined;
(v) complete any other relevant statements/affidavits outlining the
circumstances which necessitate the variation of the order;
(vi) complete the first page of a QP 0931: ‘Domestic Violence Application
Information Sheet’ (available on QPS Forms Select). Refer to s. 9.12.2:
‘Documents required by police prosecutor’ of this circular for requirements;

- 61 -
(vii) give or cause the aggrieved and any affected named persons to be given
a copy of the DV04: ‘Application to Vary a Domestic Violence Order’;
(viii) personally serve, or cause to be served, a copy of the application and
notification of hearing on the respondent; and
(ix) complete a DV21: ‘Affidavit of Service’ on the respondent.
Where an officer is considering making an application to vary a domestic violence
order by removing a condition from the order, that officer should, prior to making
such an application, consult the officer who made the application for the original
order where practicable.
Upon receipt of an order made by a court in response to an application to vary a
domestic violence order, officers in charge are to ensure that the relevant QPRIME
occurrence is updated (see QPRIME User Guide).
9.8.9 Withdrawal of domestic violence order applications
POLICY
The Domestic and Family Violence Protection Act is designed to protect the
aggrieved, children and named persons against behaviour of the respondent which
constitutes domestic violence. The withdrawal of a police application for a domestic
violence order may wrongly imply to both the aggrieved and the respondent that
domestic violence is acceptable behaviour within the community. Officers should not
withdraw applications for a domestic violence order unless compelling reasons exist.
These reasons may include:
ORDER
(i) continued non-service of the relevant documents on the respondent and no
further domestic violence has occurred;
(ii) a protection order is no longer necessary or desirable to protect the
aggrieved and named persons from domestic violence; or
(iii) lack of sufficient evidence.
Officers who have made an application to a court for a domestic violence order, or
police prosecutors placing domestic violence matters before the court are not to
withdraw that application without first obtaining approval from:
(i) a commissioned officer;
(ii) the Officer in Charge, Police Prosecutions Corps, Legal Services Branch,
Brisbane; or
(iii) in the case of an application for a domestic violence order against a
member of the Service, an officer of the rank of assistant commissioner or
above.
Police prosecutors who intend to request the withdrawal of a domestic violence
order should, where practicable, first consult with the officer who made the initial
application.

- 62 -
PROCEDURE
When considering withdrawing an application for a domestic violence order, the
officer authorised to approve the withdrawal should consider all circumstances
including whether:
(i) there is sufficient evidence to support the application;
(ii) a domestic violence order is necessary or desirable to protect the
aggrieved or named person from domestic violence;
(iii) a Queensland domestic violence application for an order has been made
in lieu of a contravention of a registered interstate domestic violence order. In
these circumstances it may be appropriate to withdraw the Queensland
application and proceed with the contravention of the registered interstate
domestic violence order; or
(iv) two concurrent Queensland domestic violence protection order
applications exist and it is appropriate to withdraw one of the applications.
Applications should not be withdrawn merely because the aggrieved wishes that the
matter be withdrawn.
Officers wishing to obtain approval to withdraw an application under the Domestic
and Family Violence Protection Act may obtain verbal approval from the officer
authorised to approve the withdrawal of a domestic violence application. If verbal
approval is granted, the officer who made the request to have the application
withdrawn should furnish a brief report to the authorising officer outlining the
circumstances which necessitated the withdrawal.
ORDER
When an application for a domestic violence order has been withdrawn, the
aggrieved and respondent are to be advised of that action by the officer who
withdrew the application where practicable.
When an application for a domestic violence order has been withdrawn, the officer
responsible for seeking the withdrawal is to ensure that the relevant QPRIME
occurrence is concluded (see QPRIME User Guide).
9.8.10 Voluntary intervention order
When making or varying a domestic violence order, a court may make a voluntary
intervention order under s. 69: ‘Court may make voluntary intervention order’ of the
Domestic and Family Violence Protection Act. A voluntary intervention order
requires the respondent to complete an intervention program or receive counselling
from an approved provider to overcome harmful behaviour relating to domestic
violence. A voluntary intervention order can only be made with the consent of the
respondent.
During a voluntary intervention order a number of approved notices will be provided
to the court and the commissioner by the approved provider.

- 63 -
ORDER
The officer in charge of the relevant police division or the officer in charge of the
police prosecutions corps appearing in the court where the order was issued is to
receive the order on behalf of the commissioner.
PROCEDURE
Approved notices received on behalf of the commissioner are to be entered in the
relevant QPRIME domestic violence occurrence by the relevant police division or
police prosecutions corps receiving the notice.
POLICY
Whilst no offence is committed if a respondent contravenes a voluntary intervention
order, officers making application for future domestic violence orders involving the
respondent should include details of previous voluntary intervention orders and the
outcome of those orders.

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9.9 Assisting persons involved in domestic violence to
retrieve property
Occasionally police will be requested to assist persons involved in domestic
violence to retrieve property belonging to the person from premises occupied by
other persons involved in the domestic violence situation.
These situations may include circumstances where an aggrieved has left property in
a premises occupied by a respondent or where a respondent has left property in a
premises occupied by an aggrieved.
A court may impose a condition under s. 59: ‘Conditions relating to the recovery of
personal property’ of the Domestic and Family Violence Prevention Act to allow the
aggrieved to access or recover stated personal property. The court may also
require:
(i) a police officer to supervise the access or recovery of the property; or
(ii) the respondent to remain a stated distance from the premises during a
stated period of time whilst the aggrieved accesses or recovers the stated
property.
When a court has imposed an ouster condition against the respondent in a domestic
violence order, the court must consider imposing a return condition under s. 65:
‘Return condition’ of the Domestic and Family Violence Prevention Act to recover or
remove stated personal property. Where a return condition is imposed a court may
include a condition stating:
(i) when the respondent may return to the premises and how long the
respondent may remain at the premises without contravening the domestic
violence order; and
(ii) whether a police officer must supervise the recovery and removal of the
stated property.
A return condition does not permit the respondent to recover or remove personal
property that is required to meet the daily needs of any person who continues to live
at the premises stated in the ouster condition (for example, household furniture,
kitchen appliances).
POLICY
Members receiving requests from persons involved in domestic violence to assist in
retrieving property are to:
(i) ensure that the request is recorded, prioritised and actioned in accordance
with ss. 1.6.1: ‘Recording initial demand’ and s. 14.24: ‘Priority codes’ of the
OPM; and
(ii) confirm on QPRIME whether a current domestic violence order is in place
which includes a condition authorising access to a premises to retrieve
property.
Officers assisting persons to retrieve property should ensure that:

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(i) domestic violence;
(ii) breaches of the peace (see s. 13.4.10: ‘Breaches of the peace’ of the
OPM); or
(iii) other offences,
do not occur while the person is retrieving property. Where appropriate, officers
should use the powers provided by s. 50: ‘Dealing with breach of the peace’, s. 52:
‘Prevention of offences – general’ and s. 609: ‘Entry of place to prevent offence,
injury or domestic violence’ of the Police Powers and Responsibilities Act to ensure
the safety of persons and property.
ORDER
Officers:
POLICY
(i) are not to assist:
(a) a person to make a forcible entry to any premises to retrieve
property; or
(b) a respondent to retrieve property from premises which the
respondent is prohibited from entering by the conditions of a domestic
violence order or release from custody conditions; and
(ii) should not:
(a) become involved in the actual removal of property; or
(b) attempt to determine the ownership of items which a person seeks to
retrieve. Officers should advise persons not to remove property which is
of disputed ownership.
Officers should advise persons desiring to remove jointly owned property that the
removal of such property without the consent of all other joint owners may constitute
an offence (see s. 396: ‘Stealing by persons having an interest in the thing stolen’ of
the Criminal Code).
Generally, officers should ensure that a person is allowed to retrieve any of the
person’s personal items and clothing and those of any children in the care of the
person or other items which are not of disputed ownership or items which all other
joint owners consent to the removal of.
Where a domestic violence order includes a condition under s. 59 of the Domestic
and Family Violence Prevention Act to allow the aggrieved to access or recover
property and access to or removal of the property is denied by the respondent,
officers should:
(i) advise the aggrieved that:
(a) police will not force entry on their behalf; and

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(b) if the aggrieved causes damage to the property of the respondent or
a third party in attempting to access or remove property, the aggrieved
may be liable to prosecution (see s. 458(2): ‘Unlawful Acts’ of the
Criminal Code);
(ii) where possible, warn the respondent of the consequences of failing to
comply with the domestic violence order and attempt to seek their cooperation
in allowing access to or removal of property; and
(iii) take any necessary action to investigate and prosecute any contravention
of the relevant domestic violence order committed by the respondent by not:
(a) allowing the aggrieved to access or remove the aggrieved’s property;
(b) leaving the premises for the period of time or distance stated in the
order; or
(c) complying with any other condition of the order.
In cases where an aggrieved does not have a domestic violence order which has as
a condition under s. 59 of the Domestic and Family Violence Prevention Act and
recovery or access to the property by the aggrieved has been prevented by the
respondent, officers should:
(i) advise the aggrieved to obtain a variation to the existing domestic violence
order to require the respondent to return property or allow access or recovery
of the aggrieved’s property; or
(ii) if a domestic violence order has not been issued:
(a) conduct an investigation to determine whether there are sufficient
grounds to support a police application for a domestic violence order
(see s. 9.6.2: ‘Investigating domestic violence – initial action’ of this
circular) including a condition under s. 59 of the Domestic and Family
Violence Prevention Act if appropriate; or
(b) if there is insufficient evidence to support a police application for a
domestic violence order advise the involved parties about appropriate
support agencies, where available (see ss. 9.6.3: ‘Police action to be
taken where there is insufficient evidence’ and 9.6.8: ‘Domestic violence
referral agencies’ of this chapter).
In cases where a respondent does not have a return condition under s. 65 of
the Domestic and Family Violence Prevention Act, officers should advise the
respondent to seek legal advice about how to retrieve property.

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9.10 Weapons
9.10.1 Surrender of weapons and weapons licences after making of domestic
violence order
POLICY
Officers serving domestic violence orders on respondents should ensure that:
(i) if the order is served personally on the respondent at the respondent’s
place of residence, any weapons licence issued to the respondent and any
weapons in the possession of the respondent are immediately delivered to the
officer; or
(ii) if the order is served on the respondent at any other place or in any way
other than by personal service, arrangements are made for any weapons
licence issued to the respondent and any weapons in the respondent’s
possession to be delivered to an officer as soon as practicable and no later
than one day after the day the order is served (see s. 29B of the Weapons
Act); and
(iii) in either case, the relevant QPRIME occurrence is updated by adding a
supplementary report containing details of the action taken.
Officers who make arrangements for a respondent to surrender a weapons licence
or weapons to a police officer should promptly ascertain whether such
arrangements have been complied with and take any appropriate action against a
respondent who fails to surrender such weapons licences or weapons within the
time allowed.
Officers who are given a receipt for weapons ‘otherwise surrendered’ in accordance
with s. 29B(8) of the Weapons Act should endorse the receipt with the:
(i) officer’s name, rank and station;
(ii) time and date the receipt was given to the officer; and
(iii) officer’s signature.
Officers should also record in a supplementary report added to the relevant
QPRIME occurrence the:
(i) receipt number;
(ii) date of issue of the receipt;
(iii) date on which the officer received the receipt;
(iv) details of the weapons listed on the receipt; and
(v) name and address of the licensed dealer or armourer to which the weapon
was ‘otherwise surrendered’.
The receipt should then be returned to the respondent.

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Officers to whom a respondent surrenders a weapons licence should forward the
licence to the Officer in Charge, Weapons Licensing Branch with a covering report
stating:
(i) why the licence was surrendered; and
(ii) the QPRIME occurrence number relating to the domestic violence order.
If practicable, a copy of the relevant domestic violence order should be attached to
the covering report.
Officers receiving weapons which are surrendered after the making of a domestic
violence order should dispose of the weapon in accordance with the provisions of
s. 9.10.2: ‘Disposal of weapons’ of this circular (see also s. 4.14.1: ‘Weapons,
weapon related things and ammunition’ of the OPM).
ORDER
Officers are to issue a QPB32: ‘Field property receipt’ under s. 380 of the Police
Powers and Responsibilities Act for any weapon or weapons licence surrendered.
9.10.2 Disposal of weapons
POLICY
When a weapon:
(i) has been seized by an officer e.g. seized under the provisions of s. 609 of
the Police Powers and Responsibilities Act; or
(ii) otherwise comes into the possession of an officer in the course of
performing the officer’s functions e.g. a weapon is given to an officer upon the
service of a domestic violence order (see s. 29B of the Weapons Act);
officers should deal with the weapon in accordance with the provisions of s. 714:
‘Disposal of weapons’ of the Police Powers and Responsibilities Act.
Weapons seized under s. 609 of the Police Powers and Responsibilities Act should
be retained for a reasonable time to prevent the weapon being used for domestic
violence or associated domestic violence (see s. 691(3) of the Police Powers and
Responsibilities Act).
Seized or surrendered weapons should be returned to the respondent if:
(i) ordered by a court; or
(ii) an application for a domestic violence order against the respondent is
refused by a court or is withdrawn; and
(iii) no other domestic violence order against the respondent is current; and
(iv) the respondent is a holder of a current weapons licence.

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Disposal of weapons generally
PROCEDURE
Unless otherwise required to return a weapon to the respondent, at any time within
three months after the day of seizure (see ss. 714 and 715 of the Police Powers and
Responsibilities Act) an officer may deliver a weapon to:
(i) the owner or person entitled to possess it; or
(ii) a person nominated by the owner or person entitled to possess it;
provided such delivery will not return the weapon or other thing into the possession
of the respondent.
Officers considering delivering a weapon to a person should ensure Part 3, ss. 34A
to 49: ‘Acquisition, sale and disposal of weapons’ of the Weapons Act is complied
with.
Officers should also bear in mind the definition of ‘possession’ contained in s. 79 of
the Domestic and Family Violence Protection Act when the respondent nominates
some other person to have possession of a weapon or other thing.
Subject to the procedure contained within the subsection titled ‘Special case –
protection order not determined within three months’ of this section, a weapon
seized by an officer or otherwise coming into the possession of an officer in the
course of performing the officer’s functions which has not been returned to the
owner or some other person entitled to possess it within three months of the date it
was seized is forfeited to the State and is to be disposed of in accordance with
s. 4.14: ‘Action in special cases weapons, ammunition and explosives’ of the OPM
unless a longer period is directed by the commissioner.
Officers responsible for the disposal of weapons or other things should also refer to
s. 4.8: ‘Disposal of property’ of the OPM.
Special case – protection order not determined within three months
PROCEDURE
Where a protection order in respect of the respondent has not been determined
within a period of three months after a weapon has been:
(i) seized from a respondent under the provisions of s. 609(4)(d) of the Police
Powers and Responsibilities Act; or
(ii) surrendered under the provisions of s. 29B of the Weapons Act upon the
service of a temporary protection order;
an application should be made to the commissioner, through the normal chain of
command, requesting the weapon or other thing not be forfeited to the State unless
and until a protection order in respect of the respondent is made (see s. 714(3) of
the Police Powers and Responsibilities Act) by:
(i) the officer seizing the weapon; or

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(ii) in the case of a weapon surrendered under the provisions of s. 29B of the
Weapons Act upon the service of a temporary protection order, the property
officer at the property point where the seized weapon is being held.

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9.11 QPRIME Domestic Violence Occurrences
POLICY
The officer in charge of a station or establishment has overall responsibility for
ensuring that entries required to be made on QPRIME in relation to domestic
violence are made within the required time frames.
Officers should use QPRIME to record relevant details, particularly concerning
service of orders and whether or not the respondent was present in court at the time
the order was issued. This provides important information to police prosecutors and
other officers receiving subsequent reports of domestic violence.
Officers in charge are to ensure regular checks are conducted by the station
domestic and family violence liaison officer, at least monthly, to ensure officers at
their station or establishment are complying with the requirements of this section.
Officers in charge are to ensure that all:
(i) interstate orders registered in Queensland;
(ii) private applications for domestic violence orders and any orders made as a
result of such applications (see s. 9.12.3: ‘Responsibilities of police
prosecutors – police and private applications’ of this circular); and
(iii) voluntary intervention orders,
which are received at their station or establishment are entered on QPRIME.
Where this section requires a member to enter details of domestic violence on
QPRIME, or cause such entries to be made, the member required to make the entry
is to confirm that such entry is made.
9.11.1 Responsibilities of officers attending domestic violence incidents –
applications for domestic violence orders
POLICY
An officer:
(i) attending an incident reported as domestic violence, (see s. 9.6.2:
‘Investigating domestic violence – initial action’ of this circular); or
(ii) making an application for a domestic violence order, (see s. 9.8: ‘Domestic
violence orders, police protection notices and conditions’ of this circular),
is to enter or cause to be entered particulars of the reported domestic violence
incident and any application on QPRIME prior to terminating duty that day.
See also s. 11.13.3: ‘Family Law Court order inconsistent with domestic violence
order’ of the OPM.

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9.11.2 Responsibilities of an officer taking action against a respondent for a
contravention of a domestic violence order
POLICY
Records on QPRIME provide information relating to offences including offences of
domestic violence and intelligence relating to a person’s conduct.
ORDER
Officers who receive a report of a person who has:
(i) contravened a domestic violence order;
(ii) contravened any other order made under the Domestic and Family
Violence Protection Act, other than a voluntary intervention order;
(iii) contravened conditions on which that person is released from custody
under s. 125 of the Domestic and Family Violence Protection Act, other than
the condition directing the person to appear before a court at a specified time
and place; or
(iv) contravened the standard condition or cool-down condition of a police
protection notice issued under s. 101 of the Domestic and Family Violence
Protection Act,
are to ensure the incident is recorded on QPRIME by Policelink operators (see
QPRIME User Guide).
See also s. 11.13.3: ‘Family Law Court order inconsistent with domestic violence
order’ of the OPM.
9.11.3 Responsibilities of releasing officers prior to releasing respondents
from custody
ORDER
Before a respondent is released from custody, the releasing officer (see s. 9.3.1:
‘Definitions’ of this circular) is to ensure that the release conditions are entered onto
the relevant QPRIME occurrence.
9.11.4 Authorisation to receive documents under the Domestic and Family
Violence Protection Act
POLICY
The Domestic and Family Violence Protection Act requires courts to deliver copies
of documents to the Service. In accordance with:
(i) s. 33: ‘Fixing of date, time and place for hearing’ (application for a
protection order); and
(ii) s. 87: ‘Fixing of date, time and place for hearing’ (application for a variation
of a protection order);

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of the Domestic and Family Violence Protection Act the clerk of the court is to
deliver a copy of the relevant documents to the officer in charge of the police station
nearest the place where the respondent lives or was last known to live.
In accordance with the provisions of s. 10.9: ‘Service and production of documents’
of the Police Service Administration Act:
(i) officers in charge of police stations; or
(ii) officer in charge of the police prosecution corps appearing at the
magistrates court where the matter is being heard,
have been authorised by the commissioner in the Queensland Government Gazette
to accept delivery of documents to be given to the commissioner for the purposes of
the Domestic and Family Violence Protection Act.
9.11.5 Responsibilities of officers in charge of stations or establishments
receiving domestic violence documents
ORDER
Officers in charge of a station or establishment receiving domestic violence
applications, orders and registered interstate domestic violence orders, including
private applications, are to ensure that the details of same are entered on QPRIME
on the same day as the documents are received.
9.11.6 Completion of QPRIME custody and search reports
Entry of a place etc. under s. 609 of the Police Powers and Responsibilities
Act
The entry of a place (including a vehicle), search of a person, search of a premises,
and the taking or seizing of a thing under the authority of s. 609: ‘Entry of place to
prevent offence, injury or domestic violence’ of the Police Powers and
Responsibilities Act, are ‘enforcement acts’ and are therefore to be entered in a
register of enforcement acts (see s. 2.1.2: ‘Registers required to be kept’ of the
OPM).
ORDER
Officers who enter a place under s. 609 of the Police Powers and Responsibilities
Act are to record the following QPRIME custody and search reports:
(i) for entry and search of a place (not including a vehicle) only, a ‘Location
Search Report’;
(ii) for entry of a place and detention/search of a person only, a ‘Person
Stop/Search report’; or
(iii) for entry of a vehicle only, a ‘Vehicle Search Report’;
regardless whether or not anything found at the place or on the person is seized
(see QPRIME User Guide).
This applies in every case this authority is used regardless of whether or not the
incident is subsequently determined as domestic violence within the meaning of the

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Domestic and Family Violence Protection Act and whether or not consent was given
by the person subject to the exercise of the power.
POLICY
For the purposes of s. 609 of the Police Powers and Responsibilities Act, a place is
deemed to have been entered when an officer has crossed the boundary line of the
place.
Taking a person into custody under s. 116 of the Domestic and Family
Violence Protection Act
When officers take a person into custody under s. 116: ‘Police officer may take
person into custody’ of the Domestic Violence and Protection Act, the detention
must be entered in a custody register (see also s. 9.7.3: ‘Watchhouse/holding cell
procedures – search and release’ of this circular).
ORDER
Officers who take a respondent into custody under s. 116 of the Domestic and
Family Violence Protection Act are to record a Custody Report (Full) against the
person (see QPRIME User Guide).
Directing a person to remain at a place under s. 134 of the Domestic and
Family Violence Protection Act
When an officer directs a person who:
(i) is reasonably suspected to be named as a respondent in an application for
a protection order or a domestic violence order which has not been served; or
(ii) the officer intends to issue a police protection notice,
to remain at an appropriate place under s. 134: ‘Power to direct a person to remain
at a place’ of the Domestic Violence and Protection Act, the detention must be
entered in a custody register (see also s. 9.8.5: Power to direct a person to remain
at a place’ of this circular).
ORDER
An officer who directs a person to remain at a place under s. 134 of the Domestic
and Family Violence Protection Act is to record a Custody Report against the person
(see QPRIME User Guide) prior to the termination of the shift where the direction
was given.

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9.12 Prosecuting domestic violence
9.12.1 Police prosecutors to assist in private applications
POLICY
Police prosecutors should be made available to assist an aggrieved who has made
a private application for a protection order or an application to vary a protection
order and when requested shall appear on their behalf. However, a police
prosecutor should not appear in respect of an application if:
(i) the prosecutor reasonably believes the application:
(a) is malicious, deliberately false, frivolous or vexatious;
(b) does not show a relevant relationship as defined in s. 13: ‘Meaning of
relevant relationship’ of the Domestic and Family Violence Protection
Act exists; or
(c) does not include an act of domestic violence as defined in s. 8:
‘Meaning of domestic violence’ of the Domestic and Family Violence
Protection Act; or
(ii) the aggrieved has adequate legal representation; or
(iii) Legal Aid Queensland is representing the aggrieved.
PROCEDURE
In assisting an aggrieved who has made a private application, the police prosecutor
should discuss with the aggrieved whether it is necessary or desirable to name any
relatives or associates of the aggrieved (including children) in the protection order.
When a police prosecutor receives a request to appear on behalf of an aggrieved
who is making a private application that has been set for hearing, the prosecutor
should contact the officer in charge of the division in which the aggrieved resides to
arrange for the preparation of a brief of evidence for hearing as if the application
was made by a police officer. The brief may include statements or affidavits.
ORDER
Officers in charge are to ensure a brief of evidence requested by police prosecutors
is prepared in accordance with s. 9.6: ‘Investigation of domestic violence’ of this
circular and s. 3.8: ‘Preparation and submission of briefs of evidence’ of the OPM.
PROCEDURE
Where a copy of the brief of evidence is sought by the aggrieved or the aggrieved’s
legal representative, the police prosecutor should provide a copy of the:
(i) statements and affidavits; and
(ii) relevant documents attached to the brief.

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Where sought by the aggrieved or the aggrieved’s legal representative, other
documents such as:
(i) criminal histories of any person; and
(ii) other police-generated documentation, e.g. reverse call charge records,
telephone records,
should only be produced by the relevant authority to the court upon subpoena.
Details of all particulars provided should be recorded by the prosecutor on the
relevant prosecution file.
See also s. 3.10.10: ‘Property in witnesses’ of the OPM.
9.12.2 Documents required by police prosecutor
ORDER
Officers making application to a court for a protection order or a variation to a
protection order (see s. 9.8.8: ‘Application to vary domestic violence orders including
interstate orders of this circular) are to prepare the following documents for each
respondent in the relevant QPRIME occurrence and initiate the ‘DV Application
Notification Task Workflow’ (see QPRIME User Guide) to the relevant police
prosecutions corps prior to the first court appearance:
(i) QP 0931: ‘Domestic Violence Application – Information Sheet’ and:
(a) DV01: ‘Application for a Protection Order’;
(b) QP 0899: ‘Police protection notice’;
(c) DV04: ‘Application to Vary a Domestic Violence Order’,
as appropriate and
(ii) a completed DV21: ‘Affidavit of Service’.
Police officers who release a respondent from custody on release conditions are to
ensure that:
(i) details of the QP 0937: ‘Release from custody conditions’, including service
details, are updated within the relevant QPRIME occurrence for each
respondent released prior to the first court appearance (see QPRIME User
Guide); and
(ii) a signed:
(a) DV21: ‘Affidavit of Service’; or
(b) QP 0947: ‘Statement of document service’ where the respondent is
released by a releasing police officer (see the subsection titled ‘Service
of domestic violence application on respondent’ of s. 9.7.1: ‘Domestic
violence custody’ of this chapter);

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is attached to the station copy of the QP 0937: ‘Release from custody
conditions’.
Where original or signed documents are required by the police prosecutor, these are
to be forwarded in accordance with local standing operating procedures.
POLICY
Whenever possible officers should ensure that the application for a protection order
or variation of a protection order and associated documentation is inspected by a
shift supervisor, brief checker or district duty officer prior to submission to the
relevant police prosecution corps (see s. 3.7.5: ‘Checking of court briefs’ of the
OPM).
Interpreters
POLICY
Where the aggrieved or respondent in a police application for a protection order is
unable to adequately understand or communicate in the English language because
of cultural differences or physical disability, the applicant officer should arrange for
an accredited on-site interpreter to attend the first mention of the application in court
in accordance with s. 6.3.7: ‘Interpreters’ of the OPM.
9.12.3 Responsibilities of police prosecutors – police and private applications
The availability of information on QPRIME may also affect the safety of officers
which clearly dictates that entries should be made as soon as possible.
ORDER
A police prosecutor in a domestic violence matter, where any of the following has
resulted:
(i) a domestic violence order;
(ii) a variation of a domestic violence order; or
(iii) the withdrawal or dismissal of a domestic violence order or an application
for an order;
is to ensure any decisions, orders or modifications made by the court are entered on
QPRIME (see QPRIME User Guide) prior to terminating rostered duty. If the entry is
unable to be completed prior to the prosecutor terminating duty, it is the
responsibility of the officer in charge of the station or establishment where the
respondent lives or was last known to live to make arrangements for that entry to
immediately be made.
Refer also to s. 9.6.2: ‘Investigating domestic violence – initial action’ of this circular.
9.12.4 Role of prosecutor in cross-applications
Cross applications occur when a person named as the respondent in an application
for a domestic violence order which is before the court (the original application)
makes an application for a domestic violence (the cross application) order against
the person named as the aggrieved in the original application.

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Section 41: ‘Hearing of cross applications’ of the Domestic and Family Violence
Protection Act provides where cross applications for protection orders naming both
the aggrieved and respondent have been lodged at the same court or at a different
court, the court may direct either application to be moved to the other court and
heard together. Where a court has issued a domestic violence order on the original
application, the court hearing the cross application may take into account the court’s
records regarding the original application.
Section 49: ‘Temporary protection order in relation to cross application’ of the
Domestic and Family Violence Protection Act provides that when the respondent
makes a cross application, which is not served on the aggrieved at least one
business day before the date of the hearing of the original application, the court:
POLICY
(i) must adjourn the hearing of the cross application to another date, unless
the aggrieved named in the original application consents to the court hearing
the cross application before hearing the original application or together with
the original application
(ii) may issue a temporary protection order if the court is satisfied an order is
necessary or desirable to protect the aggrieved or another person named in
the cross application.
Officers investigating reports of domestic violence should not be submitting cross
applications for protection orders. In accordance with s. 4(2)(d): ‘Principles for
administering Act’ of the Domestic and Family Violence Protection Act, officers are
to identify and assist the person in most need of protection.
Section 103: ‘Cross-notice not permitted’ prohibits officers from issuing a QP 0899:
‘Police protection notice’ where another notice is in force naming the respondent
and aggrieved as the opposite party.
A ‘cross application’ for a domestic violence order may be made by an officer after
an investigation is conducted in accordance with s. 9.6.2: ‘Investigating domestic
violence – initial action’ including the protective assessment where it is necessary or
desirable to protect the aggrieved named in the police application, who is also
named as the respondent in any other application.
PROCEDURE
Where a cross application is to be heard before hearing the original application or
together with the original application, the police prosecutor should continue to assist
the original aggrieved for the duration of the hearing.
POLICY
Subject to the provisions of s. 9.12.1: ‘Police to assist in private applications’ of this
circular, police prosecutors may assist an aggrieved who was named as the
respondent in a previous application.
9.12.5 Role of prosecutor in tenancy applications
POLICY
Prosecutors should not become involved in making tenancy applications under
s. 141 of the Domestic and Family Violence Protection Act.

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PROCEDURE
Prosecutors who are advised by an aggrieved or a respondent that a tenancy
application is to be sought in the magistrates court dealing with an application for a
domestic violence order should advise the person:
(i) that the prosecutor is not able to assist in making the application; and
(ii) to seek advice from a legal representative, court staff or the Tenant Advice
and Advocacy Service (Queensland) (contact details are contained in the
telephone White Pages) about making such an application.
9.12.6 Role of prosecutor under s 68R of the Family Law Act
Section 68R: ‘Power of court making a family violence order to revive, vary,
discharge or suspend an existing order, injunction or arrangement under this Act’ of
the Family Law Act provides that in proceedings to make or vary a domestic
violence order, a court having jurisdiction may revive, vary, discharge or suspend:
(i) a parenting order, to the extent to which it provides for a child to spend time
with a person, or expressly or impliedly requires or authorises a person to
spend time with a child;
(ii) a recovery order (as defined in s. 67Q of the Family Law Act) or any other
order under the Family Law Act, to the extent to which it expressly or impliedly
requires or authorises a person to spend time with a child;
(iii) an injunction granted under ss. 68B or 114, Family Law Act to the extent to
which it expressly or impliedly requires or authorises a person to spend time
with a child; or
(iv) to the extent to which it expressly or impliedly requires or authorises a
person to spend time with a child:
(a) an undertaking given to, and accepted by, a court exercising
jurisdiction under the Family Law Act;
(b) a registered parenting plan within the meaning of s. 63C(6) of the
Family Law Act; or
(c) a recognisance entered into under an order under the Family Law
Act.
The court may do so of its own initiative or on application by any person.
Sections 68R(3), (4) and (5) provide certain limitations on the courts power under
s. 68R of the Family Law Act.
POLICY
Police prosecuting a domestic violence application or a variation of a domestic
violence order are not a party to any proceeding commenced under s. 68R of the
Family Law Act and as such do not have standing to appear in court on s. 68R
matters. Further, s. 10.24: ‘Representation of officers in court’ of the Police Service
Administration Act does not provide any legislative authority to allow a prosecutor to
appear in relation to s. 68R matters. Police prosecutors are to excuse themselves
from appearing before a court that is purporting to exercise s. 68R: ‘Power of court

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making family violence order to revive, vary, discharge or suspend an existing order,
injunction or arrangement under this Act’ of the Family Law Act.
9.12.7 Preparation of briefs of evidence
ORDER
Briefs of evidence for:
(i) protection order application hearings; and
(ii) contraventions of :
(a) a domestic violence order;
(b) a registered interstate domestic violence order;
(c) a police protection notice; or
(d) release conditions,
are to be prepared in compliance with s. 3.8: ‘Preparation and submission of briefs
of evidence’ of this Manual.
PROCEDURE
Proceedings under the Domestic and Family Violence Protection Act are civil
proceedings and are conducted in compliance with the Uniform Civil Procedure
Rules. Proceedings for contraventions of the Domestic and Family Violence
Protection Act are criminal proceedings conducted under the Justices Act.
Evidentiary certificates
Section 189(3): ‘Evidentiary provision’ of the Domestic and Family Violence
Protection Act provides that an evidentiary certificate may be issued to prove, in
relation to:
(i) a police protection notice, that at a stated date and time:
(a) a stated police officer issued a stated protection notice;
(b) a stated police officer was a supervising police officer under s. 102:
‘Approval of supervising police officer required’ of the Domestic and
Family Violence Protection Act; and
(c) a stated supervising officer approved the issuing of a stated police
protection notice;
(ii) the release of a respondent on release conditions:
(a) a stated police officer was a releasing officer under s. 125: ‘When
police officer must release person on conditions’ of the Domestic and
Family Violence Protection Act; and
(b) a stated releasing police officer released the stated respondent from
custody on stated release conditions.
The QP 0938: ‘Certificate’ (available on QPS Forms Select) is issued under the
hand of the commissioner, the authority of which has been delegated to a
commissioned police officer (Delegation Dxx.1).

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When a criminal proceeding is commenced where the prosecution will rely on the
evidence contained in the certificate (e.g. contravention of a protection order or
release conditions), a copy of the QP 0938: ‘Certificate’ must be provided to the
defendant or the defendant’s legal representative at least 20 business days prior to
the hearing date.
Under s. 189(5) of the Domestic and Family Violence Protection Act, the defence
must give at least 15 business days notice before the hearing date that they intend
to challenge a matter stated in the certificate.
PROCEDURE
The investigating officer should complete a QP 0938: ‘Certificate’ (available on QPS
Forms Select), including all relevant information that can be stated on the certificate
under s. 189(3) of the Domestic and Family Violence Protection Act. The
investigating officer should forward the completed QP 0938: ‘Certificate’ to a
commissioned officer for signing through their chain of command.
A copy of the signed QP 0938: ‘Certificate’ should be scanned into the relevant
QPRIME occurrence (see QPRIME User Guide) prior to submission of the
completed brief of evidence for checking by a shift supervisor or brief checker (see
s 3.7.5: ‘Checking of court briefs’ of the OPM).
Subpoena of witnesses
Where an application for a protection order is to be determined by a hearing, all
prosecution witnesses are to be subpoenaed to attend by a DV19: ‘Subpoena’
(available on QPS Forms Select).
PROCEDURE
The investigating officer is to prepare a DV19: ‘Subpoena’ for each civilian witness
who will be appearing on behalf of the prosecution. The completed subpoenas are
to be taken to the magistrates court hearing the application for registration and
signing. The investigating officer is then to serve, or arrange for the service of, the
subpoenas on the witnesses.
After service of a subpoena under the Domestic and Family Violence Protection Act,
the serving officer is to complete and return a DV21: ‘Affidavit of Service’ to the clerk
of the court where the matter is being heard.
9.12.8 Appeals under the Domestic and Family Violence Protection Act
Appeals under the Domestic and Family Violence Protection Act may be made by
persons who are aggrieved by (wish to contest) a decision of a court to:
(i) make a domestic violence order;
(ii) vary, or refuse to vary, a domestic violence order (including a variation of
the conditions imposed by the order); or
(iii) refuse to make a protection order.
Section 165 of the Domestic and Family Violence Protection Act provides that a
copy of the notice of appeal is to be given to the commissioner while s. 167 provides
that the commissioner has a right to appear and be heard before the appellate court
on an appeal to the court under the Domestic and Family Violence Protection Act.

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Appeals by police officers
POLICY
Officers who are of the opinion that it is appropriate to lodge an appeal in regard to
an order or decision of a court are to comply with s. 3.11.2: ‘Appeals by the
prosecution’ of the OPM to the extent that it is consistent with the nature of the
appeal.
Officers in charge of regions or commands are to forward all correspondence
requesting the lodgement of an appeal to the Office of the QPS Solicitor. Appeals
under the Domestic and Family Violence Protection Act are not to be referred to the
Director of Public Prosecutions.
Initiating an appeal in regard to an order or decision of a court should only be
considered in cases where a police officer was the applicant for the protection order
in respect of which the decision was made. Such cases include instances where a
police officer considers the:
(i) refusal to grant a protection order on the application of a police officer (this
does not include a private application which was assisted by a police
prosecutor); or
(ii) variation of a protection order initially granted on a police application,
should be appealed.
Appeals by persons other than police officers
Occasionally officers in charge of stations may receive copies of a ‘Notice of Appeal’
(Uniform Civil Procedure Rules Form 96) from persons who wish to contest an order
or decision of a court.
In accordance with s. 9.11.4: ‘Authorisation to receive documents under the
Domestic and Family Violence Protection Act’ of this circular, officers in charge of
stations may accept service of such documents on behalf of the commissioner.
POLICY
Officers in charge of stations receiving a ‘Notice of Appeal’ (Uniform Civil Procedure
Rules Form 96) are to:
(i) if the applicant in the original application was a police officer, forward the
notice to that officer for further attention; or
(ii) if the applicant in the original application was not a police officer, forward
the notice to the officer in charge of the division within which the aggrieved
resides for further attention.
PROCEDURE
Officers who receive a ‘Notice of Appeal’ (Uniform Civil Procedure Rules Form 96)
for further attention (reporting officers) should check Service intelligence sources
(e.g. QPRIME, patrol logs and previous domestic violence applications) to establish
whether there are grounds for serious concern about the safety of an aggrieved or

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named person. It is not necessary to conduct interviews with the parties to the
appeal to establish whether such grounds exist.
Reporting officers are to ensure that a report is prepared which:
(i) outlines any serious concerns about the safety of an aggrieved or named
person should the appeal be successful;
(ii) comments on the specific grounds of appeal stated in the ‘Notice of
Appeal’ (Uniform Civil Procedure Rules Form 96);
(iii) recommends whether or not the commissioner should be heard at the
appeal;
(iv) includes a copy of any police application relevant to the appeal (e.g.
original DV01: ‘Application for a Protection Order’ and any original statements
or affidavits).
Reporting officers are to forward the report to their district officer through the usual
chain of command.
District officers receiving such reports are to provide a firm recommendation on
whether the commissioner should be heard in the appeal and forward the file to the
officer in charge of their region or command.
Officers in charge of regions or commands receiving reports relating to ‘Notice of
Appeal’ (Uniform Civil Procedure Rules Form 96) should consult with the Office of
the QPS Solicitor, where necessary, to determine whether the commissioner should
be heard in the appeal. If it is decided that the commissioner should be heard, the
file should be forwarded to the Office of the QPS Solicitor.
The Office of the QPS Solicitor will make appropriate arrangements for the
commissioner to be heard in the appeal.
Officers are to promptly comply with any request by the Office of the QPS Solicitor
for statements or affidavits to be prepared for the appeal.
Reporting officers and district officers should not recommend that the commissioner
should be heard at an appeal unless the officer has grounds for serious concerns
that the safety of an aggrieved or named person are likely to be jeopardised by a
successful appeal.

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9.13 Children exposed to domestic violence
Definitions
For the purpose of this section:
A child ‘usually lives’ with an aggrieved if they spend time at the residence of
the aggrieved on a regular or on-going basis (see s. 24(2): ‘Who can a
domestic violence order protect’ of the Domestic and Family Violence
Protection Act);
A child is exposed to domestic violence if the child sees or hears domestic
violence or otherwise experiences the effects of domestic violence (see s. 10:
‘Meaning of exposed to domestic violence’ of the Domestic and Family
Violence Protection Act);
A child of:
(i) the aggrieved means a child who is:
(a) a biological, adopted or step child of the aggrieved; or
(b) in the care or custody of the aggrieved.
(i) a respondent means a child who is:
(a) a biological, adopted or step child of the respondent; or
(b) in the care or custody of the respondent.
A ‘domestic violence incident’ refers to any investigation where the officer
reasonably believes domestic violence has been committed (see s. 8:
‘Meaning of domestic violence’ of the Domestic and Family Violence
Protection Act); and
A ‘child’ is an individual under the age of 18 years. (See s. 8: ‘Who is a child’
of the Child Protection Act.)
Harm:
(1) Harm, to a child, is any detrimental effect of a significant nature on
the child’s physical, psychological or emotional wellbeing.
(2) It is immaterial how the harm is caused.
(3) Harm can be caused by–
(a) physical, psychological or emotional abuse or neglect; or
(b) sexual abuse or exploitation.
(4) Harm can be caused by–
(a) a single act, omission or circumstance; or
(b) a series or combination of acts, omissions or circumstances.
(See s. 9: ‘What is harm’ of the Child Protection Act.)

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9.13.1 A child may be an aggrieved or a respondent
A child may be named as the aggrieved or the respondent in a domestic violence
order only if an intimate personal relationship or an informal care relationship exists
between the child and the other party named in the domestic violence order (see
s. 22: ‘Child as aggrieved or respondent’ of the Domestic and Family Violence
Protection Act). A court cannot make a domestic violence order which names a child
as the aggrieved or respondent if a family relationship exists between the child and
the other party.
POLICY
Where the aggrieved is a child and does not have a parent able and willing to
protect them from harm (see ‘Definitions’ in s. 9.13: ‘Children exposed to domestic
violence’ of this circular), in addition to making inquiries into the report of domestic
violence, the officer should also report the matter in accordance with s. 7.6.1: ‘Initial
action for complaints of child abuse’ of the OPM.
Where the respondent is a child and, during investigations into the domestic
violence incident, it becomes apparent to the investigating officer that the
respondent:
(i) has suffered, or is at risk of suffering harm; and
(ii) does not have a parent able and willing to protect them from harm;
in addition to making inquiries into the report of domestic violence, the officer should
also report the matter in accordance with s. 7.6.1: ‘Initial action for complaints of
child abuse’ of the OPM.
ORDER
Where the aggrieved is a child, the investigating officer is to contact Policelink to:
(i) enter an appropriate domestic violence occurrence onto QPRIME, e.g.
Domestic Violence – Application Police [1372], Domestic Violence – (Breach
of DFVPA) [1371], etc; and
(ii) enter a Child Protection – Emotional Abuse (DV related) [0522] occurrence
into the ‘Incident/Count’ stats tab of the previously entered domestic violence
occurrence,
in accordance with s. 9.13.4: ‘Other action to protect children exposed to domestic
violence’ of this circular.
POLICY
Officers who question a child as a respondent are to comply with ss. 6.3.3:
‘Questioning persons with special needs’ and 6.3.9: ‘Children’ of the OPM.
Officers should comply with the provisions of ss. 5.7.2: ‘Parent and chief executive
must be advised of police actions’ and 16.18.2: ‘Arrest of children’ of the OPM when
a child is taken into custody.

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9.13.2 Including the names of children in a domestic violence order
Section 53: ‘Naming child’ of the Domestic and Family Violence Protection Act
provides a child of the aggrieved, or a child who usually lives with the aggrieved
may be included as a ‘named person’ in a domestic violence order if the court is
satisfied it is necessary or desirable to protect the child from:
(i) associated domestic violence; or
(ii) being exposed to domestic violence committed by the respondent.
When a court is hearing an application for a domestic violence order or the variation
of a domestic violence order and information before the court discloses the
existence of:
(i) a child of the aggrieved (see s. 9.13: ‘Children exposed to domestic
violence’ of this circular); or
(ii) a child who usually lives with the aggrieved,
the court must consider whether the child should be named in the protection order
(see s. 54: ‘When court must consider naming child’ of the Domestic and Family
Violence Protection Act).
POLICY
Officers investigating a domestic violence incident where a child of the aggrieved or
a child who usually lives with the aggrieved is involved are to include sufficient
information to assist the court in deciding whether the child is in need of protection
under the Domestic and Family Violence Protection Act.
9.13.3 Children who are the victims of a criminal offence
POLICY
An officer making inquiries in relation to a report of domestic violence who
reasonably suspects that a child is the victim of a criminal offence involving physical,
sexual or emotional abuse (e.g. the offence of torture) or neglect, is to:
(i) report the matter in accordance with s. 7.6.1: ‘Initial action for complaints of
child abuse’ of the OPM; and
(ii) if the child is at immediate risk of harm, take such action as is necessary
and authorised in accordance with s. 7.8.1: ‘Children at immediate risk of
harm’ of the OPM.
9.13.4 Other action to protect children exposed to domestic violence
A child who usually lives with a person who is either the respondent or aggrieved in
a domestic violence incident (for a definition of a ‘domestic violence incident’, see
s. 9.13: ‘Children exposed to domestic violence’ of this circular) is more likely to be
abused or neglected than a child who lives in a non-violent household because, for
example, there is a risk the respondent may also harm the child, and because of the
domestic violence, the aggrieved may have a reduced capacity to protect the child
from harm.

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This section does not apply where:
POLICY
(i) the domestic violence incident has been finalised as a ‘Domestic Violence –
No DV’ occurrence on QPRIME; or
(ii) a private domestic violence application is received from a court for service
on a respondent.
To enable the Service to properly respond to any risk to children exposed to
domestic violence, an officer who attends a domestic violence incident is to:
(i) ascertain whether any children (including any unborn children) usually live
with either the respondent or the aggrieved (regardless of the nature of their
relationship with the respondent or aggrieved); and
(ii) if there are any such children, contact Policelink to:
(a) enter an appropriate domestic violence occurrence onto QPRIME,
e.g. Domestic Violence – Application Police [1372], Domestic Violence –
(Breach of DFVPA) [1371], etc; and
(b) enter a Child Protection – Emotional Abuse (DV related) [0522]
occurrence into the ‘Incident/Count’ stats tab of the domestic violence
occurrence.
Consequently, only one occurrence is created. The Child Protection – Emotional
Abuse (DV related) [0522] occurrence information is multi-classed to the domestic
violence occurrence.
A domestic violence occurrence that has been multi-classed with a Child Protection
– Emotional Abuse (DV related) [0522] occurrence is to contain the information set
out below, naming each child (regardless of whether or not they witnessed, or were
otherwise present at, the domestic violence incident).
A crime manager who receives a domestic violence occurrence that has been multiclassed
with a Child Protection – Emotional Abuse (DV related) [0522] occurrence is
to assign a task to the officer in charge of the local Child Protection and
Investigation Unit (CPIU) or, where there is no CPIU, the officer in charge of the
local Criminal Investigation Branch, who shall ensure that an appropriate response
under s. 7.6.10: ‘Domestic violence involving children’ of this circular is made.
The Domestic Violence occurrence that has been multi-classed with a Child
Protection – Emotional Abuse (DV related) [0522] occurrence is to contain the
following information for all children named in the report:
Information to be included in the MO Narrative:
(i) details of the current and any previous domestic violence incidents,
including:
(a) the frequency or severity of the domestic violence, (including whether
the level of violence is increasing);
(b) whether any weapons or implements were involved;

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(c) any injuries to the aggrieved or respondent (including details about
hospital or medical treatment);
(d) any damage to property; and
(e) whether any drugs, alcohol or any other substance abuse were
involved;
(ii) any threats by the respondent to harm or abduct any of the children;
(iii) the child’s level of involvement in the domestic violence incident (e.g.
babies being held by parent, attempting to intervene, not present);
(iv) the child’s exposure to domestic violence (see s. 10: ‘Meaning of exposed
to domestic violence’ of the Domestic and Family Violence Protection Act);
and
(v) any other information the officer believes may assist any officer from
Department of Communities, Child Safety and Disability Services who may
subsequently review the Domestic Violence occurrence containing the Child
Protection – Emotional Abuse (DV related) [0522] occurrence.
Information to be included in the General Report:
(i) any police action taken (including whether the officer has, in accordance
with s. 9.6.8: ‘Domestic violence referral agencies’ of this circular, obtained
written consent for the referral of any of the children);
(ii) the person who reported the incident to police and whether the request to
attend came from one of the children;
(iii) whether the living conditions were unsafe or unsanitary;
(iv) observation of children present, i.e. nervous, scared, visibly distressed, not
wanting to remain in the home;
(v) any other information about the extent to which the domestic violence
incident (combined with any previous domestic violence incidents) is
impacting on the physical, psychological or emotional wellbeing of any of the
children (e.g. copying the abusive behaviour, self-harming, using alcohol or
other drugs, truancy or other behavioural changes);
(vi) where possible, the school or day care details (including information about
significant non-attendance) and current living arrangements for all of the
children (i.e. shared custody arrangements);
(vii) the child’s language or cultural background and, where different, the
language or cultural background of the aggrieved or respondent; and
(viii) any concerns regarding the mental health of the respondent, aggrieved or
any of the children.

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Condition of order to limit contact between parent and child
Section 62: ‘Condition limiting contact between parent and child’ of the Domestic
and Family Violence Protection Act provides a court may impose a condition on the
respondent which would prevent or limit contact between the respondent and a child
of the respondent (see the subsection titled ‘Definitions’ of s. 9.13: ‘Children
exposed to domestic violence’ of this circular). The restriction imposed is only to the
extent necessary for the child’s safety, protection and wellbeing.
Officers need to be aware this condition only relates to contact between the
respondent and the child of the respondent. Where a child of the aggrieved or a
child who usually lives with the aggrieved needs this type of protection, s. 53:
‘Naming child’ of the Domestic and Family Violence Protection Act is the relevant
section.
POLICY
Where an officer considers contact between the respondent and a child of the
respondent needs to be restricted or prohibited, the application is to include
sufficient information to demonstrate such a condition is necessary and desirable for
the interests of the child.
9.13.5 Children’s evidence in domestic violence proceedings
ORDER
Except in the case of a child who is an aggrieved or respondent in the relevant
proceedings, officers are not, unless a court orders otherwise, to:
(i) call a child as a witness in a proceeding under the Domestic and Family
Violence Protection Act;
(ii) ask a child to remain in a court during such proceedings;
(iii) ask a child to swear an affidavit for such proceedings; or
(iv) ask a child to produce a stated document or other thing during such
proceedings (see s. 148 of the Domestic and Family Violence Protection Act).
PROCEDURE
A court may grant leave for a child to be called to give evidence if the child:
(i) is at least 12 years old; and
(ii) is represented by a lawyer; and
(iii) agrees to give evidence.
The court must also have regard to the desirability of protecting children from the
unnecessary exposure to the court system and the harm that could occur to the
child and to family relationships if the child gives evidence.

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A child who is to give evidence in a domestic violence hearing is a ‘protected
witness’ under s. 150: ‘Protected witnesses’ of the Domestic and Family Violence
Protection Act. Whilst the child is giving evidence the court must consider ordering:
(i) the child give evidence outside the courtroom and:
(a) the evidence be transmitted to the courtroom by an audio visual link;
or
(b) an audio visual recording of the evidence is made and replayed in
the courtroom;
(ii) a screen, one-way glass or other thing be placed so the child cannot see
the respondent; or
(iii) the respondent be held in a room apart from the courtroom and the
evidence be transmitted by an audio visual link,
in addition to any other safeguards mentioned in s. 150(2) of the Domestic and
Family Violence Protection Act.
A child who is giving evidence in a hearing can not be cross examined by the
respondent in person in accordance with s. 151(3): ‘Restriction on crossexamination
in person’ of the Domestic and Family Violence Protection Act.
In cases where a child, other than the respondent or the aggrieved in the particular
proceedings, is a witness to domestic violence, and the evidence of the child is
significant and cannot be obtained from another source, officers should obtain an
unsworn affidavit from the child. The child’s affidavit should be clearly marked with
the notation ‘child’s affidavit’, attached to the relevant file and forwarded to the
prosecutor.
Prosecutors receiving an affidavit from a child should assess the information
contained in the affidavit and, if the information is considered critical to the conduct
of the matter, request that the presiding magistrate make an order permitting the
child to be called as a witness or to be asked to swear the affidavit.
9.13.6 Service of domestic violence documents on children
ORDER
Officers who are responsible for giving or serving a document to a child are to:
(i) also give a copy of the document to:
(a) a parent of the child (see s. 16: ‘Meaning of parent’ of the Domestic
and Family Violence Protection Act); or
(b) if the child is under the custody or guardianship of the Chief
Executive (Child Protection) under the Child Protection Act, to the Chief
Executive (Child Protection), Department of Communities, Child Safety
and Disability Services; and
(ii) not give the document to the child at or in the vicinity of the child’s school,
unless there is no other place where service may be reasonably effected.

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POLICY
Officers should only give a document to a child, of any age, at or in the vicinity of the
child’s school if:
(i) it is not reasonably practicable to effect the service of the document at
another place;
(ii) the officer has consulted their supervising commissioned officer; and
(iii) the principal of the relevant school has been notified of the officer’s
intention to serve a document on a child at or in the vicinity of the school. The
principal should be advised that officers have the authority under s. 19 of the
Police Powers and Responsibilities Act to enter a place to serve a document.
The principal should be consulted on the least disruptive and most discrete
method of serving the document on the child. The principal should not be told
the nature of the document to be served in order to protect the privacy of the
child concerned.
PROCEDURE
After serving or giving documents to a child, the serving officer is to:
(i) complete a DV21: ‘Affidavit of Service’ and return the endorsed copies to
the relevant clerk of the court; and
(ii) update the relevant QPRIME occurrence to record the document service
(see QPRIME User Guide).
After giving a copy of the documents to a parent of the child, or the Chief Executive
(Child Protection) as appropriate, the officer giving the documents is to update the
relevant QPRIME occurrence to record the document service (see QPRIME User
Guide).
When a parent of a child cannot be located
In accordance with s. 188: ‘Giving of document to child’ of the Domestic and Family
Violence Protection Act, a court may dispense with the requirement to give a copy of
a document to the parent of a child if:
(i) the parent cannot be located after making all reasonable inquiries; or
(ii) there are special circumstances where the parent should not receive a
copy of a document such as:
PROCEDURE
An officer who:
(a) the child is estranged from their parent(s); or
(b) there would be an unacceptable risk of harm to the child if the parent
was given a copy of the document.
(i) can not locate a parent to give the document to; or
(ii) considers there is an unacceptable risk of harm to the child if a parent
received a copy of the document,

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is to seek the dispensation of the court by making application to a magistrate
through the police prosecution corps.

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9.14 Domestic violence proceedings initiated against
members of the Service
9.14.1 Responsibilities of members who initiate or become aware of domestic
violence proceedings against a member of the Service
ORDER
Officers directed to attend an incident of domestic violence involving another
member of the Service are to fully investigate the allegations and take action under
the Domestic and Family Violence Protection Act where sufficient evidence exists.
Where evidence is available to support criminal charges, the investigating officer is
to proceed in accordance with ‘Complaint Management’ of the Human Resources
Policies.
Officers who:
(i) take a member (the subject member) into custody under s. 116: ‘Police
officer may take person into custody’ of the Domestic and Family Violence
Protection Act;
(ii) make an application for a domestic violence order against a member (the
subject member);
(ii) issue a police protection notice against a member (the subject member);
(iii) seize a weapon from a member (the subject member) as a result of
investigating a report of domestic violence; or
(iv) release a member (the subject member) from custody on conditions under
s. 125: ‘When police officer must release person on conditions’ of the
Domestic and Family Violence Protection Act,
are to immediately notify the officer in charge of the region or command of the
subject member.
Officers prosecuting a private application in which a member is the respondent are
to immediately notify the officer in charge of the member’s region or command of
that fact.
A member who becomes aware that another member is the respondent in a:
(i) private application for a domestic violence order by an aggrieved who is not
assisted by a police prosecutor;
(ii) domestic violence order issued upon a private application where the
aggrieved is not assisted by a police prosecutor; or
(iii) an interstate order which may be registered under Part 6: Registration of
interstate orders’ of the Domestic and Family Violence Protection Act,
is to immediately complete and distribute a QP 0466: ‘Complaint against a member
of Police Service’, available from the Ethical Standards Command webpage, on the
QPS Corporate Intranet (Bulletin Board) as outlined in ‘Complaint Management’ of

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the Human Resources Policies, as well as advising the officer in charge of the
region or command of the above matter.
9.14.2 Responsibilities of members who have domestic violence proceedings
initiated against them
In this section the term ‘member’ means:
ORDER
(i) a police officer;
(ii) a recruit; or
(iii) a staff member who possesses weapons as part of the performance of
their duty.
Members who are:
(i) subject to a weapon(s) seizure by an officer investigating a report of
domestic violence;
(ii) the respondent in:
(a) an application for a domestic violence order;
(b) a police protection notice;
(c) a domestic violence order; or
(d) an interstate order which may be registered under Part 6:
‘Registration of interstate orders’ of the Domestic and Family Violence
Protection Act; or
(iii) released from custody on conditions under s. 125: ‘When police officer
must release person on conditions’ of the Domestic and Family Violence
Protection Act;
are to immediately:
(i) notify their officer in charge of the circumstances surrounding the seizure,
order, release from custody, notice or application;
(ii) surrender any Service firearm and any OC spray canister on personal
issue to them to the officer in charge of the station or establishment to which
that member is attached or surrender the weapon(s) to the officer in charge of
their region or command (if the officer in charge is a staff member, the
weapons will be surrendered to an officer nominated by that officer in charge
of the station or establishment or executive officer);
(iii) surrender any other weapon or weapons licence as required by any
domestic violence order;
(iv) notify and surrender any authority under the Explosives Act (i.e. licence,
permit) to access, use and/or possess explosives to the Chief Inspector of

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Explosives (see s. 40: ‘Notification requirements for all authority holders’ of the
Explosives Regulation and s. 13.24.1: ‘Issuing, suspension or cancellation of
authorities’ of the OPM); and
(v) if the member is a first year constable, notify the Officer in Charge, Field
Training Unit, Education and Training Command of the circumstances
surrounding the application, order or release from custody.
Members surrendering their authority to access, use and/or possess explosives
should surrender any explosives they have in their possession. In the case of
Service issued explosives, arrangements to surrender the explosives should be
made with the Officer in Charge, Explosive Ordnance Response Team. Personally
obtained explosives are to be surrendered to the Chief Inspector of Explosives.
PROCEDURE
Members who become aware that a domestic violence order has been issued or an
interstate order has been registered, in which they are the respondent are to notify
the officer in charge of the region or command by furnishing a report to that officer
which is to include:
(i) the circumstances surrounding the order;
(ii) particulars of the duration and conditions of the order;
(iii) the effect that the order may have on the effectiveness of the member in
carrying out assigned duties;
(iv) the date, time and place the member’s firearm(s), personal issue OC spray
canister and any weapons licence and/or explosives authority were
surrendered and the present location of these items; and
(v) a copy of any order as an attachment.
9.14.3 Possession of weapons by members who are subject to domestic
violence proceedings
Members who are respondents in domestic violence orders, including registered
interstate orders, or who are subject to release conditions are prohibited by law from
possessing weapons. In practical terms this means that members subject to such
orders or conditions are not permitted to possess firearms, OC spray canisters,
protective body armour or other weapons as defined in the Weapons Categories
Regulation. Such members would, however, be permitted to possess batons and
handcuffs in the performance of their duty (see s. 67 of the Weapons Act).
Additionally, members who have a current authority to access, use and/or possess
explosives and who are respondents in domestic violence orders, including
registered interstate orders, or who are subject to release conditions would
generally be considered inappropriate to possess any explosives and/or an authority
in accordance with ss. 15: ‘Inquiries about person’s appropriateness’ and 23:
‘Grounds for suspension or cancellation’ of the Explosives Act (see s. 13.24.1:
‘Issuing, suspension or cancellation of authorities’ of the OPM).
ORDER
Officers in charge who are notified that a member (the subject member) is:

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are to:
(i) subject to a weapon(s) seizure by an officer investigating a report of
domestic violence;
(ii) has been taken into custody under s. 116: ‘Police officer may take person
into custody’ of the Domestic and Family Violence Protection Act;
(iii) a respondent in:
(a) an application for a domestic violence order;
(b) a police protection notice;
(c) a domestic violence order; or
(d) an interstate order which may be registered under Part 6:
‘Registration of interstate orders’ of the Domestic and Family Violence
Protection Act; or
(iv) subject to release from custody conditions under s. 125: ‘When police
officer must release person on conditions’ of the Domestic and Family
Violence Protection Act;
(i) advise the officer in charge of the region or command of:
(a) the name, rank or job title and station or establishment of the subject
member;
(b) the circumstances of the matter; and
(c) any circumstances which may justify the continued possession of
firearms, OC spray canisters, protective body armour or other weapons
by the member where legislation does not prohibit such possession (e.g.
an unfinalised application for a domestic violence order or police
protection notice where no domestic violence orders or release
conditions are current);
(ii) ensure that the subject member does not have possession of weapons
(see s. 79: ‘Definition for div 8’ of the Domestic and Family Violence Protection
Act) in the course of that member’s duties, until further advised by the officer
in charge of the region or command; and
(iii) ensure, if the subject member is authorised to access, use and/or possess
explosives under the Explosives Act, that the Officer in Charge of Explosive
Ordnance Response Team (EORT), Operations Support Command is notified,
as soon as practicable, via internal email at ‘EORT Ops’.
The officer in charge of the region or command is to ensure that when:
(i) any weapon is seized from the subject member by an officer investigating a
report of domestic violence;
(ii) a member is the respondent in a domestic violence order or registered
interstate order; or

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(iii) release from custody conditions apply under s. 125 of the Domestic and
Family Violence Protection Act apply to a member.
the member does not have possession of weapons (see s. 79: ‘Definition for div 8’
of the Domestic and Family Violence Protection Act) in the course of that member’s
duties.
The officer in charge of the region or command is to ensure that, in the case of a
member who holds a licence under the Weapons Act, consideration is given to
suspending the member’s licence in accordance with s. 28 of the Weapons Act if the
member appears to no longer be a fit and proper person to hold a licence and no
other relevant orders are in force.
Additionally, in the case of a member who is the holder of an authority under the
Explosives Act to access, use and/or possess explosives, the officer in charge of a
region or command is to ensure the member complies with ss. 9.14.2:
‘Responsibilities of members who have domestic violence proceedings initiated
against them’ of this circular and 13.24.1: ‘Issuing, suspension or cancellation of
authorities’ of the OPM.
POLICY
In cases where a member could still lawfully possess weapons (e.g. the member is
subject only to an unfinalised application for a domestic violence order, police
protection notice or is subject to an interstate order which has not been registered in
Queensland) the officer in charge of the region or command where the subject
member is attached may, if extenuating circumstances exist, request that the
relevant deputy commissioner consider allowing the member to retain possession of
weapons in the performance of the member’s duty subject to such conditions as are
considered necessary.
ORDER
At the expiry of any order or conclusion of any proceedings that do not result in the
issue of an order and before returning a Service firearm or OC spray canister to the
member, the officer in charge of the region or command is to be satisfied that this
action would not place the aggrieved or other persons in any danger.
The officer in charge of a region or command is to ensure that when a member
subject of a domestic violence application or order is transferred or seconded,
appropriate advice concerning the application or order is forwarded to the region or
command in which the member is to be stationed.

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9.15 Transport assistance
9.15.1 Transport assistance to an aggrieved
An aggrieved may sometimes wish to leave their place of residence in order to
escape domestic violence. In some cases the aggrieved may not have access to
transport to move to a place of safety.
POLICY
In situations where:
(i) an aggrieved wishes to leave their place of residence in order to escape; or
(ii) it is necessary or desirable to protect the aggrieved from,
domestic violence officers should, initially, contact their local domestic violence
support and referral agencies in order to obtain transport assistance for the
aggrieved and any children in the care of the aggrieved. Alternatively, the state-wide
domestic violence telephone service is available twenty-four hours a day to assist
with accommodation and transport arrangements.
Officers may, subject to operational requirements, transport an aggrieved and any
children in the aggrieved’s care to a place of safety in cases where:
(i) transport assistance cannot be arranged within a reasonable time through
local agencies or the state-wide domestic violence telephone service; and
(ii) the aggrieved or children in the aggrieved’s care would be exposed to
danger or other potentially harmful consequences unless they were
transported to a place of safety.
Where the respondent has been taken into custody under s. 116: ‘Police officer may
take person into custody’ of the Domestic and Family Violence Protection Act, the
respondent may be detained until suitable arrangements are made for the safety of
the aggrieved and any children in the aggrieved’s care in accordance with
s. 119(2)(a): ‘Detention period limited’ of the Domestic and Family Violence
Protection Act (see s. 9.7.1: ‘Domestic violence detention’ of this circular).
PROCEDURE
Before providing transport assistance, officers should, where practicable, contact a
supervising officer (see s. 9.3.1: ‘Definitions’ of this circular) to seek permission to
use a Service motor vehicle to convey the aggrieved and any children in the
aggrieved’s care to a place of safety. If a supervising officer cannot be contacted
prior to officers offering to transport an aggrieved and any children in the
aggrieved’s care, officers are to notify their officer in charge as soon as practicable
after providing the transport assistance.
Officers who transport an aggrieved and any children in the aggrieved’s care should
ensure that details of the persons transported and the vehicle odometer readings at
the start and end of the transport are provided to the relevant police
communications centre in accordance with s. 14.25.3: ‘Radio procedures generally’
of the OPM.

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In cases where alternative transport is arranged for an aggrieved and any children in
the aggrieved’s care, officers should remain with the aggrieved and children in the
aggrieved’s care for such time as necessary or desirable to protect the aggrieved or
children in the aggrieved’s care from domestic violence.
The senior officer providing transport assistance under this section is to record full
particulars of any transport assistance provided, or instances where assistance is
offered and declined, including the names and addresses of parties concerned, in
that officer’s QP 0161: ‘Activity log’ or official police notebook.
9.15.2 Transport and accommodation assistance to a respondent
Transport and accommodation assistance to an adult respondent
ORDER
There is no obligation upon the Service to:
(i) transport, arrange transport or pay for any transport;
(ii) arrange temporary accommodation; or
(iii) provide accommodation free of charge,
for an adult respondent involved in domestic violence, notwithstanding the
requirements of s. 108: ‘Police officer must consider accommodation needs’ of the
Domestic and Family Violence Protection Act when a police protection notice is
issued.
POLICY
Where a police protection notice including a cool-down condition is issued to an
adult respondent (see s. 9.8.3: ‘Police protection notice’ of this circular), in
accordance with s. 108 of the Domestic and Family Violence Protection Act, an
officer must consider the accommodation needs of the respondent and take any
reasonable steps necessary to ensure the respondent has access to temporary
accommodation.
Reasonable steps to secure accommodation may include:
(i) making, or arranging, telephone inquiries to identify temporary
accommodation; or
(ii) transporting the respondent a short distance to suitable temporary
accommodation (for example a motel or the residence of relative or friend).
Officers may, subject to operational requirements, at the request of the respondent
transport or arrange transport for a respondent to a place if such action would:
(i) reduce the likelihood of further domestic violence involving the respondent;
(ii) improve the safety of any aggrieved; or
(iii) address the accommodation needs of the respondent e.g. a respondent
who is prohibited from returning to their normal residence by release from

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custody conditions or cool-down condition may be transported to a nearby
relative’s house.
PROCEDURE
Before using a Service motor vehicle to transport the respondent in accordance with
this policy, officers should, where practicable contact:
(i) support or referral agencies which may be able to assist with transport or
accommodation of the respondent; or
(ii) a friend, or relative of the respondent to assist with accommodation and
transport arrangements; and
(iii) contact a supervising officer (see s. 9.3.1: ‘Definitions’ of this circular) to
seek permission. If a supervising officer cannot be contacted prior to officers
transporting the respondent, officers are to notify their officer in charge as
soon as practicable after providing the transport.
Officers who transport a respondent should ensure that details of the person
transported and the vehicle odometer readings at the start and end of the transport
are provided to the relevant police communications centre in accordance with
s. 14.25.3: ‘Radio procedures generally’ of the OPM.
The senior officer providing transport assistance under this section is to record full
particulars of any transport assistance provided, including the names and addresses
of parties concerned, in that officer’s QP 0161: ‘Activity log’ or official police
notebook.
Provision of transport assistance in accordance with this policy is not to be used as
a substitute for taking a respondent into custody in accordance with s. 116 of the
Domestic and Family Violence Protection Act where such a detention would be
justified.
Transport and accommodation assistance to a respondent child
ORDER
Where an officer has issued a police protection notice which includes a cool-down
condition to a respondent child, the officer is to:
(i) arrange temporary accommodation for the respondent child; and
(ii) transport, or arrange transport for the respondent child to the
accommodation,
in accordance with s. 108(2) of the Domestic and Family Violence Protection Act.
There is no obligation upon the Service to provide accommodation free of charge to
a respondent child (see s. 108(3)(b) of the Domestic and Family Violence Protection
Act).
POLICY
Where an officer commences a proceeding against a respondent child by:

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(i) application for a protection order, including after release from custody under
s. 118: ‘Police officer must apply for protection order’ of the Domestic and
Family Violence Protection Act; or
(ii) issue of a police protection notice, including when a cool-down condition is
not included;
and it is necessary or desirable for the protection of the aggrieved from domestic
violence or for the safety and welfare of the respondent child, reasonable steps
should be taken to arrange transport of the respondent child to suitable
accommodation.

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16.20.6 Responsibilities of releasing police officers releasing respondents
taken in to custody under the Domestic and Family Violence Protection Act
ORDER
The ‘releasing police officer’ (see s. 9.3.1: ‘Definitions’ of this Manual), prior to
releasing a respondent from custody under the Domestic and Family Violence
Protection Act (see the subsection titled ‘Service of domestic violence application on
respondent’ of s. 9.7: Domestic violence custody’ of this Manual) is to ensure that
the release conditions and QP 0937: ‘Release from custody conditions’ are
completed in the relevant QPRIME Custody Report (Full) (see QPRIME User
Guide).

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Appendix 9.1: QPS Domestic Violence Protective
Assessment Framework (DV-PAF)
(OPM s. 9.6.2)
(Note: numbers do not indicate level of importance)
CATEGORY 1 RISK FACTORS
1. Frequency: are DV incidents happening more often and between shorter
time periods? This may include incidents not reported to police.
2. Pregnancy: is the aggrieved (if female) pregnant? This may create
considerable stress on the relationship.
3. Previous incident(s)/contravention(s): are there previous DV
incidents/contraventions recorded between the aggrieved and
respondent?
4. Separation: have the aggrieved and respondent recently separated or
are they separating? Is the aggrieved wanting or attempting to leave the
relationship?
5. Severity: is the violence escalating/becoming more serious? For
example, moving from verbal to physical, pushing to slapping, slapping to
beating or serious/life threatening injuries.
6. Sexual violence: has the respondent committed sexual violence against
the aggrieved? For example, using sex or sexual acts as a form of
control, punishment or violence.
7. Significant change in circumstances: is there now or recently been a
significant change in circumstances? For example, unemployment,
financial hardship, child custody/access disputes, interfamily conflict.
8. Strangulation/suffocation: is there evidence the respondent has
attempted to strangle/suffocate the aggrieved now or in the past?
9. Threats to kill: has the respondent threatened to kill the
aggrieved/family members?
10. Use of weapons: has the respondent used or threatened to use a
weapon to commit DV against the aggrieved/family in current or previous
incidents?
Not present – no category 1 risk factors present
CATEGORY 2 RISK FACTORS
1. Alcohol/drug misuse: is there a history of alcohol/drug misuse by
aggrieved/respondent and does this occur concurrently with DV?
2. Animal cruelty: has the respondent harmed or threatened to harm
family pets?

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3. Child abuse: is there a history of abuse or neglect of a child by the
respondent, irrespective of the relationship between the child and
respondent?
4: Controlling behaviour: does the respondent try to control the
aggrieved, for example, where he/she goes, what they do, who they
spend time with, controlling finances, isolating the aggrieved from
friends, family and/or support?
5. Cultural considerations: are there cultural considerations that might
prevent the aggrieved from reporting DV in the future? For example,
aggrieved may not be aware of rights in Queensland, aggrieved is
isolated, cultural customs prevent aggrieved from speaking out.
6. Mental health issues: is there history of mental health issues for
respondent? Is there evidence of a diagnosed or undiagnosed disorder
which might increase risk of DV to the aggrieved?
7. Respondent history of violence: does the respondent have a violent
history towards the aggrieved, family or others? Are there incidents of DV
with a previous partner?
8. Ongoing conflict: is there an issue creating conflict in the relationship or
family that is unlikely to subside in the near future?
9. Significant damage/destruction of property: has the respondent
significantly damaged property as a means of intimidating or victimising
the aggrieved?
10. Stalking: does the respondent follow, contact, intimidate, place under
surveillance, manipulate or harass the aggrieved?
11. Suicidal: has the respondent or aggrieved threatened or attempted
suicide?
12. Violent threats: has the respondent threatened an act(s) of violence
against the aggrieved/children/family?
FEAR LEVEL
LEVEL OF RISK
Not present – no category 2 risk factors present.
Not fearful: aggrieved does not appear fearful of DV occurring in the
future.
Fearful: aggrieved appears fearful of DV occurring in the future
Very fearful: aggrieved appears very fearful of DV occurring in the future
Unable to be assessed
Unknown: level of risk unable to be determined.

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Medium: no significant/current indicators of risk of harm to the
aggrieved. Changes in circumstance or DV may create risk for the
aggrieved and any future incidents should be carefully assessed.
High: proactive police response to risk is recommended. Indicators of
risk of harm to the aggrieved have been identified. The respondent has
the potential to cause harm. They may also have the potential to cause
serious harm if there is future violence and/or risk and/or a change in
circumstance.
Extreme: proactive police response to risk is highly recommended.
There are identifiable indicators of risk of serious harm to the aggrieved.
An incident could happen at any time and the impact could be serious.