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Breach of a Domestic Violence Order is a criminal offence, and offenders are liable to a maximum sentence of three years in prison or a fine up to 120 penalty units.

We act for all persons charged with domestic violence offences.

Our domestic violence lawyers act for all persons charged with domestic violence offences, as well as those who are victims of this criminal offence.

Domestic violence refers to one person in a relevant relationship using violence to control and dominate the other person in that relationship. Abuse behaviours can be physical, sexual, emotional, psychological, financial, social and spiritual.

A ‘relevant relationship’ can be defined as:

  • an intimate personal relationship (i.e. current or former partner);
  • a family relationship (i.e. children, parent, step-parent or sibling); and
  • an informal care relationship (i.e. a carer).

The main legislation that deals with domestic violence in Australia is the Domestic and Family Violence Protection Act 2012. This legislation protects those experiencing domestic violence by allowing the victim to apply for a Protection Order (Domestic Violence Order or ‘DVO’). Breach of a Domestic Violence Order is a criminal offence, and offenders are liable to a maximum sentence of three years in prison or a fine up to 120 penalty units. Previously convicted offenders will see a sentence increase to five years in prison or a fine up to 240 penalty units. If you are facing domestic violence charges, hiring one of our an expert domestic violence lawyers will greatly improve your chances of receiving a less severe penalty.

Our criminal lawyers in Brisbane offer initial consultations (including in prisons) to assist with a number of domestic violence charges. Our team of domestic violence lawyers are licensed to practice across Australia and often travel to other states and territories to do so. Please get in touch with our lawyers either via Guest Lawyers’ email or by calling (07) 3211 3007.

 

 

Domestic Violence FAQs

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What is Domestic Violence?

Under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence is behaviour by a person towards another with whom they have a relevant relationship that is abusive, threatening, coercive, or controlling.

It can include:

  • Physical or sexual abuse
  • Emotional or psychological abuse
  • Financial control or economic abuse
  • Threatening, coercive, or intimidating behaviour
  • Damaging property or harming pets
  • Stalking or surveillance

Domestic violence is not limited to physical harm and can occur in intimate partner, family, or informal care relationships.

Read our article about coercive control in Queensland.

What is a Domestic Violence Order (DVO)?

A Domestic Violence Order (DVO) is a court order made under the Domestic and Family Violence Protection Act 2012 (Qld) that places conditions on a person (the respondent) to protect another person from domestic violence.

Typical conditions may prevent contact, require a person to stay away from certain locations, or prohibit further abusive behaviour.

What is the difference between a temporary protection order and a final DVO?

A temporary protection order is a short-term order made before the court makes a final decision about a Domestic Violence Order. It may be made to provide protection while the matter is still before the court.

A final DVO, also called a protection order, is made after the court decides the order is necessary or appropriate, or where the parties consent to the order being made. In Queensland, most protection orders last for 5 years, although the court can make an order for a shorter or longer period in some circumstances.

What Happens If You Breach a DVO?

A breach of a Domestic Violence Order (DVO) in Queensland is a criminal offence under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld).

If you are found to have breached a DVO, police can charge you and the matter will be dealt with in the Magistrates Court. Penalties may include fines or imprisonment depending on the seriousness of the breach and your history.

We regularly act for clients facing breach allegations, and it is important to seek legal advice early from our domestic violence lawyers to understand your options and the potential consequences.

Read our article, What Happens If You Breach a DVO.

How Long Does a DVO Stay On Your Record?

A DVO is a civil protection order, not a criminal conviction. Having a DVO made against you does not automatically mean you have a criminal record.

However, breaching a DVO is a criminal offence and will appear on your criminal history if convicted.

How Can I Get a DVO Removed?

A Domestic Violence Order (DVO) cannot be simply cancelled and must be changed through the Magistrates Court under the Domestic and Family Violence Protection Act 2012 (Qld).

For a temporary DVO, the application may sometimes be withdrawn before it becomes final, but this usually requires agreement from the applicant or police and the court.

For a final DVO, it can only be varied or revoked by applying to the court. This may involve changing conditions or asking for the order to end early.

Any party to the order (respondent, aggrieved, or applicant) can apply, but the court will only make changes if it is satisfied the order is no longer necessary or appropriate.

When Should You Hire a Domestic Violence Lawyer?

You should seek advice from our domestic violence lawyers as early as possible if you are involved in a Domestic Violence Order (DVO) matter.

This is particularly important if you have been:

  • served with a DVO application or order
  • named as a respondent in a DVO
  • accused of breaching a DVO
  • seeking to vary or revoke an existing order

A lawyer can explain your rights, represent you in court, and help you respond effectively to the application or allegations. Early legal advice can significantly affect the outcome of your matter.

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