What Happens if You Breach a DVO in Queensland?

What is a DVO?

A Domestic Violence Order (DVO) is an order made by the Magistrates Court to protect a person, known as the aggrieved, who the court determines requires protection. Police, the aggrieved, or their representative may apply for a DVO, and in urgent cases the court can issue a Temporary Protection Order (TPO) until it decides whether a full protection order is necessary and desirable.

A DVO can also include children, relatives, or others affected by the respondent’s behaviour. Once an Order is made, the Respondent (the person it is issued against) must abide by all conditions for a period of time determined by the court. Failing to do so can amount to a breach which is considered a criminal offence.

What Constitutes a Breach of a DVO?

A breach occurs when the respondent does not comply with the conditions of the order. Every DVO and Police Protection Notice (PPN) includes a uniform condition that the respondent must be of good behaviour and must not commit domestic violence against the aggrieved.

Domestic violence is defined broadly under the Domestic and Family Violence Protection Act 2012 (Qld). It includes but is not limited to:

• physical or sexual abuse

• emotional or psychological abuse

• economic abuse

• threatening, coercive or controlling behaviour

Breaches are not limited to violence. Examples include:

• contacting the aggrieved despite a no-contact condition

• going within a prohibited distance of the aggrieved’ s home or workplace

• contacting family or friends to try to locate the aggrieved

• stalking, following, or monitoring the aggrieved

Even seemingly minor actions, such as sending a text message, can result in a breach charge.

Police Protection Notices

Queensland Police also have the power to issue a PPN, which is a temporary order that remains in place until the court can decide whether a DVO is necessary and desirable. Breaching a PPN carries the same penalties as breaching a court-ordered DVO.

What Happens if You Breach a DVO?

Under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld), breaching a DVO is a criminal offence. If charged, the matter is dealt with in the Magistrates Court. A conviction can result in a criminal record and potentially imprisonment. If you are accused of a breach, it is important to obtain legal advice before making a statement to police.

Penalties for Breaching a DVO

The penalties for breaching a DVO can be significant:

• First offence: up to 3 years’ imprisonment or a fine of 120 penalty units (around $20,000)

• Second or subsequent offence within five years: up to 5 years’ imprisonment or a fine of 240 penalty units (around $40,000)

Although courts sometimes impose non-custodial penalties such as smaller fines or community-based orders, police and the courts are under increasing pressure to treat breaches seriously, particularly repeated breaches or those involving coercive control.

In Summary

Breaching a DVO in Queensland is a serious criminal offence. Even minor breaches can result in charges, a conviction, and imprisonment. If you are the aggrieved of a DVO, you should report any breaches to police. If you are the respondent to a DVO, you should seek immediate legal advice to understand your obligations and options.