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 recently formed 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 the Australian Government’s, Office for Women:

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, until the officer is satisfied the suspicion is unfounded (s67(1) Domestic and Family Violence Act 1989).

This investigation may involve the police officer asking 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 officers may also need to 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 respondent, in some cases, may be taken into custody for up to four (4) hours, if the police officers reasonably suspect people or properties are at risk.

If the police officers have enough evidence they are able to apply for a Domestic Violence Order for the aggrieved party.

The domestic and family violence legislation and the corresponding protection are gender-neutral and should not be considered only available to women.

Queensland Police Service officers are permitted to:

• enter with force, if necessary,
• detain a respondent and take them into custody for up to four hours,
• make an application for a Domestic Violence Order on behalf of an aggrieved person,
• search the premises or a person for anything associated with causing injury or harm,
• demand the name and address of any person involved in a domestic and family violence incident, including witnesses.