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What does 'unlawfully depriving a person of their liberty' mean in the context of family violence in Queensland?

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What does “unlawfully depriving a person of their liberty” mean in the context of family violence in Queensland?

Under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence includes a range of behaviours when they occur between people in a “relevant relationship” (spouse, intimate partner, family member, informal care relationship, etc.). Section 8 of the Act expressly lists (d) depriving a person of the person’s liberty or threatening to do so as a form of domestic violence.^[1]

The Criminal Code 1899 (Qld) also criminalises this conduct. Section 355 provides that a person who “unlawfully confines or detains another in any place against the other person’s will, or otherwise unlawfully deprives another of the other person’s personal liberty” is guilty of a misdemeanour, punishable by up to three years’ imprisonment.^[2]

Additionally, the Act’s definition of “coerce” (s 8(6)) and the provision on emotional/psychological abuse (s 11) recognise that restricting a person’s freedom of action or liberty can be part of a pattern of coercive control.^[3]

What constitutes deprivation of liberty?

Examples of conduct that may amount to unlawful deprivation of liberty in a domestic/family context include:

  • Locking a partner or family member in a room or preventing them from leaving the house.
  • Using physical restraints, threats, or intimidation to stop someone from going to work, school, medical appointments, or social activities.
  • Monitoring movements via GPS trackers, phone spyware, or constant checking‑in to prevent freedom of movement.
  • Isolating the victim from friends, family, or support services by controlling transport or communication.
  • Threatening to call immigration authorities or child protection services if the victim services to restrict the victim’s freedom to seek help.

These behaviours are not merely controlling; they directly impinge on the victim’s personal autonomy and liberty.

Relevance to protection orders (DVOs)

If you experience deprivation of liberty by a family member or intimate partner, you can apply for a Domestic Violence Order (DVO) under the Protection Act. The DVO can include conditions such as:

  • No‑contact or exclusion zones preventing the respondent from approaching you or your residence/workplace.
  • Orders to cease surveillance (e.g., removing tracking devices, stopping phone monitoring).
  • Specific prohibitions on conduct that deprives you of liberty (e.g., “The respondent must not lock the aggrieved in any room”).

The court will consider the evidence of deprivation of liberty when deciding whether to make a final protection order and what conditions are necessary for your safety.

Relevance to family law property settlements

While deprivation of liberty itself is a civil and criminal matter, its effects can be relevant in a family law property settlement:

  • Contributions – If deprivation of liberty prevented you from working, earning income, or performing homemaking/parenting duties, the court may take this into account when assessing your contributions under s 79(4) of the Family Law Act 1975 (Cth).
  • Future needs – Loss of earning capacity, medical expenses, or need for ongoing support due to the trauma and restricted liberty can be considered when assessing future needs under s 75(2)(o).
  • Credibility and safety – Findings of family violence (including deprivation of liberty) can influence the court’s view on the need for protective arrangements, such as supervised change‑over or safe‑exchange provisions in parenting orders.

Practical steps if you are affected

  1. Seek immediate safety – If you are currently being confined or prevented from leaving, call Police on 000.
  2. Report the conduct – You can report the incident to Police; they may investigate and lay charges under Criminal Code s 355.
  3. Apply for a DVO – Visit your local Magistrates Court or use the Queensland Courts website to apply for a protection order, citing deprivation of liberty as the abusive behaviour.
  4. Obtain legal advice – Community legal centres, Legal Aid Queensland, or a private family lawyer can help you with the DVO process and any related family law matters.
  5. Document the abuse – Keep records (e.g., photos of locks, messages threatening confinement, medical reports) to support your application.

See also

Previous Question Kennon v Kennon [1997] FamCA 27 – Family Violence and Contributions in Property Settlements Next Question How does preventing someone from maintaining connections with their family constitute family violence in Queensland?
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