Queensland Police Service response to domestic and family violence

It can take some time for persons subjected to domestic and family violence to break their silence and report incidents.

Confusion, fear of retribution, or even concern for the repercussions for the person who uses domestic and family violence can contribute to this hesitation.

Police officers are often called to provide the first official response to domestic and family violence.

People affected by domestic and family violence may feel anxious reporting acts of violence and abuse committed by a partner, spouse or family member to police officers.

The Queensland Police Service is committed to working in partnership with the people of Queensland to provide professional policing services that will, over time, prevent and reduce the incidence of domestic and family violence in Queensland.

It is important for people who commit domestic and family violence to be aware that their behaviour is not tolerated by the community.

The purpose of the Domestic and Family Violence Unit, as part of the Office of the Commissioner, Queensland Police Service, is to work with other government agencies and services to examine the issue of domestic and family violence, and how to determine the best response to domestic and family violence within Queensland communities.

The Domestic and Family Violence Unit is also proactively seeking to establish best practice for police officers to deal with people who repeatedly use domestic and family violence and named as ‘the respondent’ in a Domestic Violence Order.

Police message to respondents of domestic and family violence

The Queensland Police Service’s message to the respondents of domestic and family violence is consistent with that of The Hon. Kevin Rudd MP, Prime Minister of Australia:

We urge people affected by domestic and family violence to seek assistance and counselling to help stop the vicious cycle of power and control the respondent exerts over their partners, spouses, family members, and people in their care.

Whether you, your friend, family member or neighbour is a person affected by domestic and family violence you can contact your local police station for further assistance.

The role of the Queensland Police Service in domestic and family violence incidents

If a police officer reasonably suspects a person is an aggrieved, it is the duty of the officer to investigate or cause to be investigated the complaint, report, or circumstance on which the officer’s reasonable suspicion is based (s67(1) Domestic and Family Violence Act 1989).

What will police do?

When police officers arrive at a domestic or family violence incident their first priority will be the safety of the people involved.

Police are allowed to enter a residence when there is domestic violence occurring and search the premises where the domestic and family violence incident occurred. This ensures that any people remaining at the property are safe from any further harm and violence and also to obtain any evidence necessary to ensure appropriate action is taken.

The parties are likely to be separated so they are able to speak to the police privately.  The police officer may ask the aggrieved (person affected by domestic and family violence), the respondent (the person who uses domestic and family violence), or any family members, a number of questions about the relationship between the parties, the history of domestic and family violence, and previous police involvement.

Police may demand the name and address of any person involved in a domestic and family violence incident, including witnesses

If the police officers reasonably suspect people or properties are at risk, they may take the person using domestic violence into custody for up to four (4) hours.

Police action may include an application for a Domestic Violence Order .

A domestic violence order is a way of protecting a person by ordering the aggressive person to be of good behaviour and to stop their violent or abusive behaviour.

What will happen if police apply for an order?

An order does not mean a family has to be divided.

The court proceedings for a domestic violence order are civil and a respondent on a domestic violence order will not receive a criminal record, and they will not be imprisoned, at the stage when the order is issued.

If a family wants to remain together, but has a problem with violence, they can still seek the assistance of the police.

Importantly, calling the police does not necessarily mean that children will be removed from their homes.

The police have a responsibility to report to the Department of Child Safety when a child witnesses or lives in a place where domestic violence occurred; this is carried out with every domestic violence incident.

What happens if the order is breached?

If a domestic violence order is breached the matter may result in punishment.

A breach of an order means the conditions, such as not committing domestic violence and being of good behaviour towards the aggrieved (or person who is subjected to domestic and family violence), are being ignored or disobeyed.

This can mean the respondent can face a range of punishment options including fines or terms of imprisonment.

The penalties are meant to deter the respondent from being violent towards the aggrieved, and make the violence stop.