Police Protection Directions (PPDs) in Qld: Issue, Conditions, and Criminal Risk

Part 2 of our 3-part series for people served with a Police Protection Direction and anyone facing a possible contravention charge.

Police Protection Directions (PPDs) started in Queensland on 1 January 2026. They give police the power to impose protective conditions for up to 12 months without automatically starting a court application.

From a criminal defence perspective, the critical point is this: a PPD is not a criminal conviction and it is not a court order – but breaching it is a criminal offence that can carry serious penalties.

This article explains how police issue a PPD (the legal test and the mandatory safeguards), what conditions can be imposed, and the practical compliance issues that commonly lead to contravention charges.

Key takeaways

A PPD can start as soon as police tell you about it, even before you receive paperwork – and it can be served later.
Police can only issue a PPD if they reasonably believe domestic violence has been committed, protection is necessary or desirable, disqualifying circumstances do not apply, and it would not be more appropriate to apply for a protection order.
There are clear situations where police must not issue a PPD (for example, where there is already a DVO history between the same parties, a recent domestic violence offence conviction, or a weapon is alleged to have been used or threatened).
If the PPD names a child, police are generally limited to standard conditions only (no extra no-contact or ouster conditions on the PPD).
Before issue, police must obtain approval from a supervising officer (rank requirements apply, and the supervisor must not have investigated the incident).
If you are charged with contravening a PPD, the court must consider whether the PPD was issued in substantial compliance with the PPD provisions. If the PPD took effect because police told you about it (rather than personal service), the prosecution must prove you were told about the existence of the PPD or the specific condition alleged to be breached.

Why the issue process matters (especially for respondents)

In practice, we see two recurring scenarios:

A person is served with a PPD late at night and misunderstands the conditions (or assumes a conversation with the aggrieved ‘fixes’ it).
A person is later charged with contravening the PPD and only then realises that the PPD could have taken effect by phone, SMS or email – and that the alleged breach hinges on what they were told and when.

The new laws build in safeguards (approval requirements, service rules, and explanation requirements). They also recognise that, in a contravention prosecution, the question is not only whether a condition was breached – but whether the direction was issued properly and whether the respondent was actually told about the direction/conditions in a way the prosecution can prove.

Step 1: Police must investigate the domestic violence incident

Before a PPD is even on the table, police have an obligation to investigate if they reasonably suspect domestic violence has been committed. If police then reasonably believe domestic violence has been committed, they must consider what action is necessary or desirable to protect the person at risk.

A PPD is only one option. Depending on the circumstances, police may instead apply for a protection order, issue a Police Protection Notice (PPN), take a person into custody, apply for a temporary protection order, or take other action.

Step 2: The legal test for issuing a PPD

A police officer may issue a Police Protection Direction if the officer reasonably believes ALL of the following:

The respondent has committed domestic violence.
A PPD is necessary or desirable to protect the aggrieved from domestic violence.
None of the disqualifying circumstances apply (see ‘Step 3’ below).
It would not be more appropriate to take action that involves applying for a protection order.

Importantly, ‘reasonably believes’ is not the same as proving an allegation beyond reasonable doubt. A PPD can be issued quickly, based on information available at the scene.

When deciding whether to issue a PPD, police must also consider:

The Act’s principles (including that safety is paramount, and only one person should generally be identified as most in need of protection).
The criminal history and domestic violence history of both the respondent and the aggrieved.
Whether certain risk factors exist (for example, risk of serious harm, need for court-only powers, or inability to locate and speak to the respondent) and whether those factors mean the matter should go to court instead.
Any views or wishes expressed by the aggrieved about whether an application for a protection order should be made.

If the respondent is not at the same location as police, the issuing officer must make a reasonable attempt to locate and talk to the respondent (including by telephone) to afford natural justice before issuing the PPD.

Step 3: Situations where police must not issue a PPD

The legislation sets out a list of circumstances where police must not issue a PPD. These are important because they show the PPD power is not intended to replace court-based orders in higher-risk or more complex matters.

Police must not issue a PPD if they reasonably believe, for example, that:

Either the aggrieved or the respondent is a child, or is a police officer.
The respondent should be taken into custody (under the Act’s custody provisions or otherwise) in relation to the incident.
A domestic violence order or recognised interstate order between the same two people is in force or has previously been in force (regardless of who was the aggrieved/respondent).
A police protection direction against the respondent is in force or has previously been in force.
The respondent has been convicted of a domestic violence offence within the previous 2 years.
A proceeding for a domestic violence offence against the respondent has started but is not finally disposed of (with a specific exception that police can issue a PPD and start a proceeding at the same time for the same incident).
An application for a protection order against the respondent has been made but not finally dealt with.
Police allege the respondent used, or threatened to use, an offensive weapon or instrument.
There are indications both parties are in need of protection and police cannot identify who is most in need of protection.

There is also a child-focused safeguard: if police believe a child of the aggrieved (or a child who usually lives with the aggrieved) needs protection, and that protection would require extra conditions such as no-contact or ouster conditions, police must not issue a PPD. In those situations, police are expected to consider court-based options instead.

Step 4: Extra restrictions when a child of the respondent is involved

A separate restriction applies where a PPD would name a child of the respondent, or would prevent or limit contact between the respondent and a child of the respondent.

In that situation, police must not issue the PPD if they know or reasonably believe that a relevant family law or child protection arrangement is already in place (for example, a Family Law Act parenting order or a Child Protection Act order/care agreement), or if a related proceeding is on foot.

Before issuing a PPD involving a respondent’s child, police must also ask the respondent and the aggrieved whether any of those orders or proceedings exist.

If a PPD is issued and a condition is inconsistent with an existing order or agreement, the condition is of no effect to the extent of the inconsistency – but the rest of the PPD can continue.

Practical point: do not assume you can ‘pick and choose’ between a parenting order and a PPD. If there is any doubt, get advice quickly. An accidental breach can still lead to criminal charges.

Step 5: What conditions can police put on a PPD?

Every PPD must include standard conditions. Depending on the circumstances, it may also include additional protective conditions (but not if the PPD names a child).

Standard conditions (mandatory)

A PPD must include conditions requiring the respondent to:

Be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved.
Not use other people – directly or indirectly – to commit domestic violence against the aggrieved.
If an adult is named on the PPD: be of good behaviour towards the named person and not commit associated domestic violence against them (including by using other people).
If a child is named on the PPD: be of good behaviour towards the child, not commit associated domestic violence against the child, and not expose the child to domestic violence (including by using other people).

Additional conditions (cool-down, no-contact, ouster and return)

If the PPD does NOT name a child, police may include additional protective conditions of the same type that can be included on a Police Protection Notice. These may include cool-down conditions, no-contact conditions, ouster conditions, and return conditions.

In plain language, these conditions usually work as follows:

Cool-down condition

A cool-down condition is a short-term restriction. It can prohibit a respondent from entering or approaching stated premises, approaching a person, or contacting a person. The end time must be written on the document and cannot be more than 24 hours after the direction is issued.

No-contact condition

A no-contact condition can prohibit approaching, contacting, or attempting to locate the aggrieved (or a named person). It can also prohibit asking someone else to make contact on your behalf.

There are limited exceptions. For example, a no-contact condition does not stop you asking your lawyer to contact the other person, or asking another person (including a lawyer) to contact or locate the other person for a purpose authorised under an Act.

“Ouster” condition

An ouster condition can prohibit a respondent from entering, remaining at, or approaching stated premises. The premises can include places where the respondent has a legal or equitable interest (including property you own), premises where the parties have lived together, and places where the aggrieved or a named person lives, works or frequents.

If an ouster condition relates to the aggrieved’s usual place of residence, police must consider a list of factors similar to what a court considers – including safety, disruption to children, the aggrieved’s views, and the accommodation needs of both parties.

Return condition

A return condition is usually paired with an ouster condition. It allows the respondent, under police supervision, to return to premises for a specific time to collect stated personal property. It cannot allow removal of property required to meet the daily needs of anyone who continues to live there.

Unborn child protection condition

If police reasonably believe the aggrieved is pregnant, the PPD may include a child-protection style standard condition that only takes effect when the child is born. This can apply whether or not the respondent is the father.

Step 6: Approval and accommodation safeguards

Before police can issue a PPD, they must obtain approval from a supervising police officer who is authorised by the Commissioner and who was not involved in investigating the incident.

There are some specific rank requirements:

If the PPD includes an ouster condition or no-contact condition, approval must come from at least a senior sergeant.
Otherwise, approval must come from at least a sergeant.
Approval can be sought and given verbally (including by phone, radio or electronic means), but a written record must be made.
If approval is refused, the issuing officer cannot simply ‘shop around’ and seek approval from a different officer.

Where a PPD includes a cool-down or ouster condition and police serve it (or tell the respondent about it), police must consider the respondent’s accommodation needs and take reasonable steps to ensure access to temporary accommodation. However, the law expressly says this does not create an obligation for police to provide free accommodation.

Step 7: Service, notice of grounds, and explanation requirements

One of the most confusing features of PPDs is timing. A PPD can take effect in one of two ways:

Personal service (or service under a court-ordered substituted service arrangement).
When a police officer tells the respondent about the existence of the PPD and its conditions. This can happen by telephone, email, SMS, a social networking site or other electronic means.

Even if a PPD takes effect because you were told about it, police must still personally serve the direction on you. As soon as practicable after the PPD takes effect, police must also serve a separate signed written notice stating the grounds for issuing it.

Police must explain the direction and take reasonable steps to ensure the person receiving it understands the nature and consequences. This includes explaining the conditions, the behaviour covered by ‘domestic violence’, the consequences of contravention, and an important point many people miss: the aggrieved cannot consent to the respondent contravening the PPD.

If you did not understand what was happening at the time of service (for example, because of stress, intoxication, language barriers or mental health issues), that can be relevant to how the matter is dealt with later. It is not, however, a reason to ignore the conditions or view them as not binding on you.

Step 8: Duration and how a PPD can end early

A PPD can continue for up to 12 months from the date it takes effect. It can end earlier if it is replaced or overtaken by other legal steps (for example, if a domestic violence order becomes enforceable, a Police Protection Notice takes effect, or relevant release/bail conditions are imposed).

We will cover review options and how a PPD can be challenged in Part 3 of this series.

Common trap scenarios that lead to contravention charges

Contravention allegations are generally not a result of dramatic incidents.

More often they are going to fall into the category of everyday actions that technically breach a condition. Common examples include:

Replying to a message from the aggrieved (even if they contacted you first).
Sending an apology text or ‘checking in’ call when a no-contact condition is in place.
Turning up to the family home to collect clothes or tools without a return condition or police supervision.
Attending a place you are prohibited from approaching (for example, a workplace, school, or a specific address).
Using friends or family to pass on messages.
Contact through social media (direct messages, comments, or other contact depending on how the condition is written).
Arguments about parenting changeover locations where the condition includes distance restrictions.

Because each PPD can be drafted differently, the starting point is always the exact words of the condition. If you are unsure, get advice before you act to ensure that your intended action is OK under the restrictions currently in place.

If you are charged with contravening a PPD

Contravening a PPD is a criminal offence and can carry a maximum penalty of 120 penalty units or 3 years imprisonment.

Two parts of the new law are important in defence cases:

In a prosecution, the court must consider whether the PPD was issued in substantial compliance with the PPD provisions.
If the PPD took effect because police told you about it (rather than personal service), the prosecution must show that you were told about the existence of the PPD or about the specific condition you are alleged to have contravened.

If you are facing a contravention charge, get advice early.

What you do in response to such a charge can make a significant difference to outcomes – for example, preserving phone logs, messages, CCTV, location data, and any communications about child handover arrangements. Your criminal lawyers can help you with these things.

How criminal lawyers can help

A PPD issue can quickly become a criminal matter. Your criminal lawyers can help you navigate each step, including:

Urgent advice on the meaning of each condition and how to avoid accidental breaches.
Practical planning around accommodation and property access where an ouster or cool-down condition applies.
Strategic advice about whether a police review or court review is appropriate (and how a review interacts with any criminal investigation).
Representation if you are interviewed, charged, or brought before the court in relation to a domestic violence offence (including contravention allegations).
Bail advice and representation where charges are laid and release conditions are imposed.
Commencing negotiations with Police Prosecutors.

If you have been served with a PPD – or you have been charged with contravening one – speak with our criminal defence team as soon as possible.

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