What happens if I breach a DVO?

Breaching a DVO is a criminal offence. Penalties include fines and up to 3 years imprisonment (or 5 years for aggravated/repeat offences). Even minor breaches (like texts) are treated seriously.

Can a DVO kick me out of my house?

Yes. The Court can impose an 'Ouster Condition' requiring you to vacate the home immediately, even if you own the property. Safety takes precedence over property rights in DV proceedings.

What is a Temporary Protection Order (TPO)?

A TPO is an urgent order made by a Magistrate before the final hearing. It provides immediate protection until both parties can attend court to argue the case fully.

How long does a Domestic Violence Order last?

In Queensland, the standard duration for a final DVO is 5 years. However, the Court can make it shorter or longer depending on the specific safety risks involved in the relationship.

Do employers have a duty of care for remote workers experiencing DV?

Yes. Employers have a duty to ensure the health and safety of employees, which extends to remote work environments. This may include safety planning and providing office access.

Are employees entitled to Domestic Violence Leave?

Yes. Under the National Employment Standards, all employees (including casuals) are entitled to 10 days of paid family and domestic violence leave per year.

Domestic Violence FAQs

Q: What is a Domestic Violence Order (DVO)?

A DVO is a civil court order restricting the behaviour of one person towards another to protect them from violence. It usually includes standard conditions (good behaviour) and can include specific conditions (no contact, ouster).

Q: How do I apply for a Domestic Violence Order?

You can apply via a Private Application (Form DV01) at the Magistrates Court, or the police can apply on your behalf (Police Application). You must prove a relevant relationship exists, violence occurred, and the order is necessary.

Q: Should I consent to a DVO 'Without Admission'?

Consenting without admission means agreeing to follow the order without admitting to the allegations. This is a common strategy to avoid the cost and stress of a trial while avoiding specific findings of fact against you.

Information on protection orders (DVOs) and court processes

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Compliance

Being charged with Breaching a Domestic Violence Order (DVO) in Queensland under s139

Breaching a DVO under s139 of the DFVP Act is a criminal offence that police prosecute aggressively. Even ’technical’ breaches like sending a text message can lead to arrest and prison time. You should stop all contact immediately, do not answer police questions, and seek legal advice to determine if the ‘knowledge’ of the order can be challenged. Penalties increase significantly for repeat offenders.

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Conditions

Can a DVO kick me out of my own house?

Yes. The Court can include an ‘Ouster Condition’ in a DVO, which forces you to leave the family home and prohibits you from returning, even if your name is on the title or lease. The Court prioritises the safety and stability of the aggrieved and children over your property rights.

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Criminal Offences

Being charged with Coercive Control in Queensland under s176A

Coercive Control is a new and highly serious criminal offence in QLD (effective mid-2025). It targets a ‘pattern’ of abusive behaviour intended to dominate or control a partner. You should strictly remain silent, avoid all digital contact, and engage a specialist criminal lawyer immediately. Penalties are severe, reaching up to 14 years imprisonment.

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Defence

Should I consent to a DVO 'Without Admission'?

Consenting to a DVO ‘without admission’ is a common way to resolve a DV application quickly. It means you agree to follow the protection order, but you do NOT admit that you committed any violence. This avoids a trial and detailed findings of fact against you, while still giving the other party the protection they ask for.

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Offences

What happens if I breach a Domestic Violence Order?

Breaching a DVO is a criminal offence, not a civil matter. Even a ‘minor’ breach like sending a non-threatening text message can result in arrest, a permanent criminal record, and up to 3 years imprisonment (or 5 years if you have a prior breach in the last 5 years).

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Orders

What is a Domestic Violence Order (DVO) in Queensland?

A Domestic Violence Order (Protection Order) is a civil court order designed to stop a person from committing domestic violence against another. It sets strict conditions, such as ‘be of good behaviour’ or ‘do not contact’. While the order itself is civil, breaching it is a serious criminal offence.

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Process

How do I apply for a Domestic Violence Order?

You can apply for a DVO by filing a Form DV01 with the Magistrates Court (a Private Application), or the police can apply on your behalf (a Police Application). The application must set out the details of the violence and why an order is necessary and desirable for your protection.

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Workplace Rights

Domestic Violence and Remote Work: What are my workplace rights?

Employers have a legal duty of care to ensure your safety, which extends to your home office. You are entitled to 10 days of paid family and domestic violence leave per year, and DVOs can include conditions specifically prohibiting an aggressor from approaching your work location, even if it is your home.

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