Breach of DVO: Where To From Here?

In Queensland, a Domestic Violence Order (DVO) is a civil order that outlines conditions which are intended to protect the Aggrieved from the alleged domestic violence perpetrated or otherwise caused by the Respondent.

While an Application for a DVO is a civil matter, it is a criminal offence to breach a DVO and the Respondent may be charged under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld) if there is evidence that they have breached the conditions of their DVO. Its is a serious thing to breach a domestic violence orders. The Maximum prison term is 3 years for a first offender. It is important to note that an Aggrieved is not able to breach a DVO.

Reporting the Breach

If you are an Aggrieved and you suspect that the Respondent has breached the DVO, you must immediately report the breach to police, who will then conduct their investigation.  If you are in immediate danger, call Triple Zero. You can otherwise attend your local police station to report any breaches.

The police will need you to provide information about the incident including details of what occurred and when, where it occurred, and whether there were any witnesses. If you have that evidence available, ensure that you provide it to police when you are reporting the breach.

An example of evidence that can be relied on includes text messages and telephone call logs, where there is, for instance, a condition that the Respondent is not to contact the Aggrieved.

The police will investigate the breach and decide whether there is evidence which enables them to arrest and charge the Respondent.

You should avoid interacting with the Respondent if they are breaching the DVO. This is because the police may need to call you as a witness.

In some cases, depending on how severe the allegations are and what the circumstances of the breach were, the police may issue a Notice to Appear in the Magistrates Court or remand the Respondent in custody until the matter is heard.

Where there are concerns about the safety and security of the Aggrieved, police may issue a Police Protection Notice (PPN) or file an Application to Vary to apply for a variation to the conditions, to enhance them and afford the Aggrieved more protection. 

Penalties for Breaching

When the Respondent is charged, the matter will be listed for a hearing in the Magistrates Court.

If the Respondent is found guilty, penalties may apply including fines and terms of imprisonment. The penalty will depend on the severity of the alleged breach and whether the Respondent is a first-time offender.

Where it is the Respondent’s first offence for a breach of DVO, the maximum penalty is up to 3 years imprisonment or 120 penalty units and for any breaches thereafter, the maximum penalty is up to 5 years imprisonment or 240 penalty units.

Accessing Support

If you or someone you know has been impacted by or is experiencing domestic and family violence, help is available.

In emergency or life-threatening situations, dial Triple Zero (000) to contact the police. If you do not want to contact police, you can reach out to support helplines such as DV Connect on 1800 811 811 or 1800RESPECT on 1800 737 732.

You can obtain more information here.

Legal Advice

Your safety is the priority and we are here to help you.

If you need legal advice, please do not hesitate to contact Madsen Law on 07 3209 7744.

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