In the case of IAW v Commissioner of the Queensland Police Service & Anor [2024] QDC 190, the appellant, IAW, contested a protection order issued on 16 November 2020 under the Domestic and Family Violence Protection Act 2012 (DFVPA). The appeal challenged a Magistrate’s decision that extended a protection order against IAW, following an incident with the aggrieved, Ms J. During the trial, conflicting accounts were provided, with allegations that IAW committed acts of domestic violence against Ms J, including strangulation. However, the aggrieved also allegedly struck IAW. Key witnesses, including a neighbor and police officers, contributed evidence supporting Ms J’s account. The appellate court focused on whether the original protection order was necessary or desirable, noting deficiencies in assessing ongoing risk and necessity. Ultimately, it was determined that after four years without further incidents, the protection orders were neither necessary nor desirable. The appeal was allowed, the initial decision was set aside, and the primary application was dismissed.
Full text: https://www.sclqld.org.au/caselaw/150200