New Domestic Violence Laws: Police Protection Directions
New Domestic Violence Laws: Police Protection Directions
From 1 January 2026, Police are now able to issue what is called a Police Protection Direction (“PPD”) when responding to domestic violence call outs/incidents. If a PPD is issued by police, it acts as an immediate direction that lasts for 12 months and incorporates conditions similar to those a Magistrate would make on a Protection Order. Only Police officers who have completed specific PPD training will be able to issue PPDs.
The PPD is different to a Police Protection Notice (PPN), which police are still able to issue. A PPN requires parties to continue through the court process to obtain a Temporary Protection Order/Final Protection Order.
Police can make a PPD if they are satisfied of the following:
- The aggrieved and the respondent are in a ‘relevant relationship’ (being either intimate personal, family or informal care relationship as defined under the Domestic and Family Violence Protection Act ).
- The respondent has committed an act of domestic violence against the aggrieved;
- The PPD is necessary or desirable to protect the aggrieved from further acts of domestic violence; and
- It would not be more appropriate for an application for a protection order to be made to a court.
If a PPD is issued, the respondent is required to abide by the standard conditions (e.g. being of good behaviour towards the aggrieved and not committing acts of domestic violence and any named persons).
The police can also include extra conditions if they believe it is necessary or desirable to protect the aggrieved and/or named person. (For example, a no contact, or no follow/approach).
Similar to a Protection Order, breaching a PPD is a criminal offence. The maximum penalty for breaching a PPD is 120 penalty units (currently $20,028) or 3 years imprisonment.
Police are unable to issue a PPD in the following circumstances:
- The respondent / aggrieved is a child
- The respondent / aggrieved is a police officer
- The respondent should be taken into custody in relation to the domestic violence
- A DVO or recognised interstate order relating to the parties is in place or has been in place before
- A PPD is currently in place against the respondent or has been in place
- The respondent has been convicted of a DV offence in the previous 2 years
- There are current proceedings on foot for a Protection Order
- The respondent has used or threatened to use a weapon or instrument to commit DV
- The police believe both parties are in need of protection but cannot identify the person most in need of protection
- Extra conditions are required to protect a child of the aggrieved or a child who usually lives with the aggrieved from associated DV or being exposed to DV
Further, if the PPD will name a child of the respondent, or the PPD conditions would limit or prevent contact between the respondent and their child, the police cannot issue a PPD where the police officer knows or reasonably believes:
- There is a current family law parenting order in place;
- There is a child protection order or care agreement relating to the child in place
- There are current family law proceedings or child protection proceedings on foot.
PPDs can be reviewed upon application by either a ‘police review’ or ‘court review’. A police review must happen within 28 days of the PPD being served upon the respondent.
A party can apply for a Court review at any stage during the PPD. The Court will then set the matter down for a hearing of the Review Application.
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