From 1 January 2026, Queensland Police have new powers to issue on-the-spot domestic violence protection orders, referred to as Police Protection Directions. A key objective of these new laws is to provide immediate certainty and safety for people experiencing domestic and family violence, and to reduce the trauma and delay associated with the court process.

A Police Protection Direction (PPD) can be issued without a court application and remains in place for 12 months, unless subsequently reviewed or replaced by a court order. In most cases, the aggrieved person does not need to go to court for a PPD to remain in force, unless someone seeks a review or further orders are made.

Below is a general guide on how the new powers work and what they may mean for your safety and rights; it is not legal advice.​

What is a Police Protection Direction?

A PPD is a legal direction issued directly by a police officer at the scene of a domestic violence incident or during an investigation. It is an administrative order made by the police, not a magistrate, but it is legally binding. Breaching a PPD is a criminal offence.

Once issued and served, a PPD remains in force for 12 months unless it is revoked, replaced by a court-made protection order or police protection notice, or brought before a court that makes a different decision.

Every PPD contains certain standard conditions that the respondent must obey, including that they must:​

• Be of good behaviour towards the aggrieved (and any other person named in the PPD) and not commit domestic violence against them.​
• Refrain from asking someone else to do something that would breach the PPD (for example, getting a friend to contact, threaten or harass the aggrieved).

Other conditions may be included, provided they are considered necessary and desirable.

The Power of “Ouster Conditions”

An ouster condition legally requires the person named as the respondent to leave a specified premises. This is usually the family home, but it can also include a workplace or another location that the person regularly attends.​

Key things to know about ousters:

• Immediate effect: The respondent must leave the premises as soon as they are told about, or served with, the PPD that contains the ouster condition.​

• Ownership and tenancy: The fact that the respondent is the legal owner or named tenant of the property does not prevent police from including an ouster condition if that is needed for the safety of the aggrieved or others.​

• Return conditions: If police include an ouster, they can also include a “return condition” allowing the respondent to come back to the premises at a specific (usually supervised) time to collect essential personal items such as clothing, tools of trade or medication.​

When can Police Issue a PPD?

Police can issue a PPD if they reasonably believe that:

• The people involved are in a “relevant relationship” under Queensland domestic and family violence law (for example, an intimate personal relationship, family relationship or informal care relationship).

• The respondent has committed domestic violence against the aggrieved.​

• It is necessary and desirable to issue a PPD to protect the aggrieved.​

• It is not more appropriate, in the circumstances, to make an application directly to the Magistrates Court for a protection order (for example, where a longer order or more complex conditions may be required).​

There are situations where the police cannot use a PPD and must instead go through the court. Examples include where either party is a child or a police officer, domestic violence proceedings are ongoing or have already commenced against the respondent, the respondent has recently been convicted of a domestic violence offence, weapons have been used, or both people need protection and the one in most need of protection cannot be identified.​

Implications for Respondents Under a PPD

If you are served with a PPD, the immediate and long‑term implications can be serious. Getting early legal advice from a Queensland domestic violence or criminal lawyer is essential.

Breaching a PPD is a criminal offence. Generally, the penalty for contravening a PPD is up to three years’ imprisonment or a substantial fine.

Implications for someone receiving a PPD include:

1. Immediate loss of rights without an automatic hearing

A PPD can impose strict conditions for up to 12 months from the moment it is issued or served. There is no automatic “first return” court date, as is often the case with police applications for protection orders. Rather, a respondent who wants the PPD reconsidered must actively seek a police or court review.

2. The risk of “accidental” breaches

Because a PPD can stay in place for up to 12 months and there is no automatic court date, some respondents may, over time, become complacent about the conditions. If a PPD says “no contact”, then sending a message, making a call, approaching in person, or even sending a “happy birthday” text through a friend may be a breach.

3. Impact on working life, blue cards and licences

A PPD is not in itself a criminal conviction, but it can still have significant consequences for work, licensing and background checks, such as:

• Blue cards and working with children
• Weapons licences
• Employment and security checks

Can a PPD be Reviewed or Changed?

Because PPDs are made by police rather than by a court, the law provides safeguards to help ensure fairness. Both the person being protected (the aggrieved) and the person the direction is against (the respondent) have rights to seek review.

There are two main pathways.

Police Review of a PPD

You can apply to the Queensland Police Service for a review of a PPD within 28 days after issue (unless exceptional circumstances apply). A senior officer or designated reviewer will review the decision, including the evidence, risk assessment and conditions.​

Following a review, police may:

• Confirm the PPD (leave it in place as is)​
• Revoke the PPD (with no further action)
• Revoke the PPD and issue a new one with amended conditions
• Revoke the PPD and issue a Police Protection Notice
• Revoke the PPD and apply for a protection order through the court system
• Take other action under s 100(3) of the Domestic and Family Violence Protection Act 2012 (Qld)

Court Review of a PPD

At any time while a PPD is in force, either party can apply to the Magistrates Court to have it reviewed. Once a review application is filed and the police file the PPD and grounds with the court, it automatically becomes an application for a protection order for the court’s consideration.

The Magistrates Court can:

• Make a final protection order (often for five years)
• Make a temporary protection order while the matter is determined
• Change the conditions in place
• Set aside the PPD (ending and removing it from the respondent’s domestic violence history)
• Dismiss the review application, in which case the PPD continues

As seeking a court review can result in the police asking the court to make a standard protection order that can last for several years, respondents should seek legal advice before applying.​

Conclusion

This article provides a general overview of Queensland’s new PPD regime as at 1 January 2026 and is not a substitute for legal advice. Anyone affected by domestic violence or served with a PPD should speak to a Queensland lawyer or a specialist support service about their specific situation.

For more information, help or advice, please call 07 3281 6644 or email mail@powerlegal.com.au.

Recent changes to the Family Law Act, predominantly focused on financial property settlements, are now operational. The amendments aim to make the process of dividing property fairer and more transparent, especially for those who have experienced family violence.

If you’re in the process of separating or working out how to divide property after a breakup, these laws may affect you. The following information is general only, and we recommend consulting an experienced family lawyer for advice tailored to your circumstances.

Additional Considerations in Property Proceedings

Family Violence

In addition to introducing a more structured approach to property division, the changes ensure that family violence is now specifically recognised as a factor to be considered by the court when making property orders.

According to the Family Law Act, family violence is “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family… or causes the family member to be fearful”. Economic abuse or financial abuse is explicitly recognised as a form of family violence. This might include:

• controlling a party’s money or assets
• sabotaging a party’s employment or income opportunities
• forcing a party to take on financial or legal liabilities
• unreasonably withholding financial support

When making property orders, the court will consider the economic effect of any family violence (if relevant) on a party’s ability to make financial and non-financial contributions to the welfare of the family. Additionally, the court will consider the economic effect of family violence on a party’s current and future circumstances.

The economic effect of family violence also forms part of the considerations when determining whether spousal maintenance should be ordered.

Wastage and Liabilities

The laws also introduce more clarity around how the courts should deal with the wastage of assets and liabilities. This aims to ensure that a party’s reckless or deliberate financial behaviour is taken into account when the property pool is divided.

When assessing current and future circumstances, the court will now specifically consider:

• The effect of any material wastage of property or financial resources that was caused intentionally or recklessly by a party, for example, excessive gambling, extravagant spending, or deliberately giving away assets.

• The nature of any liabilities incurred by a party, and the circumstances surrounding them. This may be relevant, for example, in situations where one partner has accumulated debt in the other’s name.

Housing Needs

When assessing current and future circumstances, the court will give additional consideration to the need for either party to provide appropriate housing for the care of children.

Pets Are No Longer Just “Property”

Previously, a family pet was treated simply as an item of property, like a car or a television. The amendments introduce a new legal category for “companion animals” and give the court the power to make specific orders about them.

While a court cannot order joint care or a shared arrangement for a pet, it can now take into account things like:

• Any history of abuse or threats towards the animal.
• The emotional bond between the pet and each party or any children.
• The ability of each person to care for the pet in the future.

This change recognises the significant emotional role that pets play in many families and ensures that their welfare is a specific consideration in a separation.

Stronger Rules Around Financial Disclosure

The duty for separating couples to provide full and frank financial disclosure has always existed, but the changes advance this obligation. It’s now explicitly set out in the Family Law Act, rather than just in the court rules, with implications for parties who do not comply.

The court has more power to take non-compliance seriously and can impose stronger penalties for failing to disclose financial information. This is designed to ensure that both parties have a complete and accurate picture of the financial circumstances before a property settlement is finalised.

What the Changes Mean for You

If a party has been subjected to family violence, the court can now directly take its financial impact into account when making a property settlement order. These changes aim for a more transparent, fairer family law system. They are designed to address the realities of modern relationships and the complexities that can arise during a separation.

It’s important to remember that these changes apply to all new and existing financial and property matters that are before the court from 10 June 2025, unless a final hearing has already started. If you’re currently involved in a property settlement, these changes may impact your case.

Key Takeaways

• Family violence is now a specific factor: The court must now consider the economic impact of family violence when dividing assets.
• Financial behaviour matters: Reckless wastage of assets and the circumstances around liabilities are now explicit considerations.
• Pets have their own section: Companion animals are no longer just treated as property; their welfare and emotional importance will be considered.
• Disclosure is more important than ever: The duty of financial disclosure is now enshrined in the Family Law Act, with penalties for non-compliance.

If you or someone you know wants more information or needs help or advice. Please contact us on 07 3281 6644 or email mail@powerlegal.com.au.

Social media – Facebook, Instagram, Twitter, Snapchat and the like – can be a lot of fun and have become an accepted part of modern life.  Many of us use such forms of electronic communication to share the exciting, as well as the banal events in our lives, to express our views and to stay in touch with loved ones.  But what happens when people going through a relationship breakdown take to social media? Usually little good comes of it, and sometimes quite a lot of bad can result.

Social media as evidence

If you are going through a separation, you should expect your former partner, their lawyer or the children’s lawyer to search social media to see if they can find out anything damaging about you that could be used as evidence. For example, if you are involved in a financial dispute and might be claiming that you cannot afford to pay spouse maintenance or increased child support, it would probably not be a good idea to share on Instagram photos of your latest holiday or new car.

Similarly, when involved in a parenting dispute, you would be wise not to post to Facebook about your latest “big night out”, especially if the children were in your care at that time.

When making a decision about where children are to live and with whom they are to spend time, the Court can take into account the ability of the parents to communicate and cooperate with one another.  So, it is not likely to be helpful if the Court is shown evidence of abusive or derogatory posts you have made on social media about your former partner.

Of course, many people have social media privacy settings which limit the information that can be seen by non-“friends”. If you haven’t set your social media privacy in that way, you would be wise to do that while you’re sorting out the issues arising from your relationship breakdown. However, even with tight privacy settings, it’s still better to be very careful about what you post, or just don’t do it at all.

Social media and prosecution

The law prohibits the publication, including by electronic means, of information relating to family law proceedings which identifies the parties involved, people associated with those parties or any witnesses. Anyone who breaches that rule is guilty of an offence, the maximum penalty for which is 12 months imprisonment.

That prohibition has not prevented some people involved in family law proceedings from using social media as a weapon against their former partner, by carrying out a campaign of cyber-bullying against their former partner, his or her lawyers, the children’s lawyers and the judicial officers involved in the case.

In two recent cases involving such unlawful social media publication, the Court focused primarily on two things.

Firstly, the Court invoked its child protection jurisdiction and concerned itself with the harm that might befall the children if, as a result of social media publication of information relating to family law proceedings, members of the public could identify the children involved, such that the children might then be exposed to ridicule, curiosity or notoriety.

Secondly, the Court considers it in the public interest to preserve public perception of the integrity and impartiality of the Courts and judicial system, which some litigants have used social media to attack.

In both cases, the Judges commented on the difference between unlawful publication of information about family law proceedings in a one off newspaper article, for example, and publication on the internet, which is and remains available for quick and easy access by anyone, anywhere, at any time.

In one of those cases the offending parent was ordered to remove all references to the parties and the proceedings from the website he or his family had set up to cyber-bully the mother and to expose the lawyers and judges involved in the case as “corrupt”. In addition, the Court ordered the Federal Police to investigate whether the father had committed an indictable offence.

Similar orders were made in the other case in which the offending party, again the father, had used Facebook to denigrate the mother and her lawyers, the Court, the Department of Community Services and the children’s lawyer.

Can social media be good?

The cases referred to above involved ongoing bitterness and acrimony between the separated couple. Happily, that isn’t always the case, and some separating parents can respectfully communicate and cooperate with each other for the benefit of their children. In such a situation, tech savvy parents may find a way to use electronic communication or social media to their mutual advantage, for example privately sharing necessary information about the children and their activities.

Conclusion

Unless you and your former partner can find a way to privately use electronic communication to help you co-parent your children after separation, the general guideline when it comes to social media and family law disputes is just don’t do it.

Not only would you not want to find your Facebook posts being used as evidence against you in court proceedings, you could even expose yourself to prosecution by the Federal Police for breaching the law against publication of information relating to family law proceedings. If you or someone you know wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.

Australian society has long recognised the existence of non-traditional domestic partnerships. This has been reflected across various laws, with de facto relationships holding significant weight from a legal perspective. This can be a confusing area, especially when it comes to understanding what a de facto relationship actually is and why it matters from a legal stance.

So, why is this important, and what does it mean for you?

This article breaks down what constitutes a de facto relationship in Australia, how the law determines if one exists, and why this status is so relevant, particularly in areas like family law and financial matters. The information is general only and is not intended to be legal advice. If you need guidance, we recommend consulting an experienced lawyer.

What is a De Facto Relationship?

The Latin term “de facto” simply means “in fact” or “in reality”. In a legal sense, it means a couple is living together on a genuine domestic basis, even though they aren’t married.

The definition of a de facto relationship is found in section 4AA of the Family Law Act 1975 (Cth). The Act is a federal law, and its principles are applied across Australia, although some states have their own specific laws that also deal with de facto relationships, particularly in areas outside of family law.

According to the Family Law Act, a person is in a de facto relationship with another person if:

• They are not legally married to each other.
• They are not related by family.
• They live together on a genuine domestic basis.

The third point is the one that often requires the most thought, and the law looks beyond simply sharing a house. To determine if a genuine domestic basis exists, a court will consider various factors. No single factor is more important than another, and a court will look at all of them to get a complete picture of the relationship.

These factors include:

• The duration of the relationship: How long have you been together? Generally, a de facto relationship needs to have lasted for at least two years. However, this is not a strict rule, and there are exceptions.

• The nature and extent of your common residence: Do you live together? Do you have shared responsibilities for the home?

• Whether a sexual relationship exists: This is one of the factors, but it is not a defining one. A couple can be in a de facto relationship even if they no longer have a sexual relationship.

• The degree of financial dependence or interdependence, and any arrangements for financial support: Do you share bank accounts, split bills?

• The ownership, use, and acquisition of property: Do you own assets together, like a car or a house?

• The degree of mutual commitment to a shared life: Do you consider yourselves a couple and present as such to the world?

• Whether the relationship is registered under a prescribed law of a state or territory: In some states, you can register a relationship, which provides formal legal recognition.

• The care and support of children: Do you have children together, or do you care for each other’s children?

• The reputation and public aspects of the relationship: Do friends, family, and the community see you as a couple?

The law looks at the combination of these factors to decide whether a de facto relationship exists.

Why a De Facto Relationship is Relevant in Australia

The legal recognition of de facto relationships is a big deal because it grants de facto couples many of the same rights and responsibilities as married couples. This is most obvious in two key areas: family law and financial matters.

Family Law

For many years, couples who were not married had limited legal recourse if their relationship ended. That changed with reforms to the Family Law Act that came into effect in 2009. These changes gave de facto couples the right to ask a court to make orders about property settlement and spousal maintenance after a relationship breakdown, just like a married couple.

The principles for dividing assets in a de facto relationship are largely the same as for a married couple. A court will consider:

• The assets and debts of the relationship.

• The financial contributions each person made, such as income, savings, and assets brought into the relationship.

• The non-financial contributions. These can include caring for children, looking after the home, or supporting the other person’s career.

• The future needs of each person, such as their age, health, income, and who has care of the children.

This legal recognition means that if you are in a de facto relationship and it ends, you are protected by the same legal framework as a married couple when it comes to property division.

Financial Matters

Beyond family law, being in a de facto relationship can impact a range of other financial and legal areas:

• Superannuation: Many superannuation funds recognise de facto partners as beneficiaries for death benefits.

• Wills and inheritance: In some cases, a de facto partner can make a claim on a deceased partner’s estate, even if they were not included in the will. The law in each state and territory varies on this point.

• Social security and government benefits: Your de facto status can affect your eligibility for benefits from Centrelink, as they assess your combined income and assets.

Key Takeaways

The concept of a de facto relationship acknowledges that many people choose not to marry but still want the same legal protections and recognition as married couples.

If you are in a relationship that you think might be a de facto relationship, it is important to understand your rights and obligations, especially if you are considering buying property together or if the relationship ends. The law’s purpose is to ensure that both partners are treated fairly and that any children of the relationship are properly cared for.

The detailed and comprehensive definition of de facto in the Family Law Act ensures that the unique circumstances of each couple are taken into account, providing a flexible framework for addressing a wide range of situations.

If you or someone you know wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.