Compared to a potentially irate woman covered in blood, a man sitting calmly and quietly can present as an "ideal victim", an inquiry has been told.
The way misidentification can unfold, and its consequences for indigenous women and families, has been detailed during a hearing of the Queensland police response to domestic violence on Tuesday.
"There will be a woman there, she will otherwise be covered in blood, she might be holding an instrument," Thelma Schwartz, Principal Legal Officer with the Queensland Indigenous Family Violence Legal Service (QIFVLS) said.
"They will see a man sitting there very quiet and calm, they will go to him and speak with him. She will become probably irate. They will then treat her as the aggressor."
In situations where one party is heightened and another is calm, there can be a tendency to treat the latter "as the ideal victim, and preference him", Ms Schwartz said.
It means women are at risk of receiving a criminal charge and being listed as a respondent on a police protection notice.
Based on information from QIFVLS' offices across Queensland, Ms Schwartz said the issue comes up weekly.
Aboriginal and Torres Strait Islander women who receive a criminal conviction face problems getting jobs in regional areas, especially when they are required to have a 'blue card' to enable them to work with children.
Another consequence is the connection with child protection services, the hearing was told.
Faced with a criminal charge, a woman can be taken into custody and have bail refused, Ms Schwartz said.
"Then you have a disassociation with where do the children go if there isn't family around?" she told the hearing.
"That's where you can see child protection coming in and children being removed."
The inquiry is currently sitting in Cairns, with hearings scheduled for Townsville later this week.
Evidence heard on Monday also pointed to a risk of indigenous domestic violence victims being turned away or misidentified as the perpetrator.
A lack of training and "unconscious bias" amongst officers may be to blame, Queensland Police's First Nations and Multicultural Affairs Unit Superintendent Kerry Johnson said.
Judge Deborah Richards is heading the independent commission created in response to Women's Safety and Justice Taskforce recommendations.
The commission is expected to report by October 4.
