Varying a Protection Order in Queensland

If you are the Applicant, Aggrieved, or Respondent to a Family or Domestic Violence Protection Order in Queensland, it may be possible for you to apply to the Court to seek a variation of the Protection Order.

An Application to Vary Protection Order can be filed in the Magistrates Court of Queensland, often in the registry where the original Protection Order was made.

When considering whether to vary a Protection Order, the Court will prioritise the safety and protection of the Aggrieved, as well as the wellbeing of any named person or children listed on the Protection Order.

To decide whether to vary a Protection Order the Court will consider:

·        The contents of the original Application for a Protection Order, and the circumstances that led to the Protection Order being made.

·        Whether the Respondent has breached the Protection Order.

·        Whether the circumstances of the parties have changed since the Protection Order was made.

·        The views and wishes of the Aggrieved.

If a party seeks a Protection Order be removed, they will need to apply to the Court for the duration of the Order to be reduced.  The Court can also make a decision to extend a Protection Order if the Order is nearing expiry.

If a party seeks to vary the terms of the Protection Order, they will need to apply to the Court outlining the reasons for the terms to be added, removed, or for the wording of the terms to be altered in some way.  It is possible to apply to the Court for exceptions to be included on a Protection Order, such as allowing contact between parties in relation to parenting matters.

In the case of JEK v REM [2025], the Court placed emphasis on several key considerations:

·        Protection Orders are intended to provide ongoing protection to the Aggrieved and any named persons or children.

·        Any variations to a Protection Order should only occur where there has been a significant change in circumstances since the Order was made.

·        Whilst evidence of behavioural changes of the Respondent are relevant, the safety of the Aggrieved and named persons and children remain the paramount consideration.

Applications to the Magistrates Court seeking a Protection Order or seeking to vary a Protection Order are complex and sensitive.  If you require assistance with a Protection Order, one of our experienced family lawyers can assist you through this process and represent your interests before the Court.

If you would like to discuss any family law issue, do not hesitate to contact our Ipswich office to make an appointment with one of our expert family lawyers for family law advice tailored to your needs.