What happens if I breach a Domestic Violence Order?

A Domestic Violence Order (DVO) is a civil order, but breaching it is a criminal offence.

The Penalties

Under Section 177 of the Domestic and Family Violence Protection Act 2012 (Qld):

• Maximum Penalty: 3 years imprisonment or a substantial fine.
• Aggravated Offence: If you have been convicted of a breach in the last 5 years, the maximum increases to 5 years imprisonment.

What Constitutes a Breach?

A breach occurs if you knowingly disobey any condition of the order.

• “Technical” Breaches: If the order says “Do not contact,” sending a text saying “Happy Birthday” or “Can I pick up my tools?” is a breach.
• Consensual Contact: Even if the aggrieved person invites you to come over, if the order says “Do not approach,” you are breaching the order by going. The DVO overrides their invitation.

Will I Go to Jail?

For a first offence involving a minor breach (e.g., a text), jail is unlikely, but a conviction may be recorded. For repeat breaches or breaches involving physical violence, the Court must consider imprisonment.

Related Topics

• What is a DVO?
• Arrest rights
• Domestic Violence Practice Area

Legal Defence

If you are charged with a breach, you need a criminal lawyer immediately. We can argue for a fine or probation instead of jail, or defend the charge if the breach was accidental or not proven.

Charged with a breach? Contact us immediately. Call (07) 5532 8777.