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

What should I do?

A breach of a DVO is not just a “civil matter”—it is a criminal charge that creates a permanent criminal record. You must:

1. Stop all contact immediately: Even if the other person contacted you first, or invited you over, answering them is a breach. Police do not care “who started it.”
2. Do not talk to the police: Police will often invite you to “clear things up.” They are looking for you to admit you sent a message or were at a location. This is enough for a conviction.
3. Document everything: If you believe the allegations are false, gather evidence of your location (GPS data from your phone, receipts, or work logs) for the time of the alleged breach.
4. Seek immediate legal advice: If you are charged with a breach while already on a DVO or on bail, there is a high risk of being refused bail and kept in custody.

What does it mean?

Under Section 139 of the Domestic and Family Violence Protection Act 2012 (Qld), a person commits an offence if:

• There is a domestic violence order (temporary or final) or police protection notice in place; and
• The person was served with the order or was present in court when it was made (knowledge of the order); and
• The person contravenes a condition of that order.¹

Common breaches include:

• Failing to be of good behaviour: Committing any further act of domestic violence.
• Contact breaches: Calling, texting, or messaging on social media when prohibited.
• Proximity breaches: Being within a certain distance of the person, their home, or their work.

What are the penalties?

Penalties for breaching a DVO have increased significantly in recent years:

• First Offence: Up to 3 years imprisonment or 120 penalty units.²
• Breach within 5 years of a prior conviction: Up to 5 years imprisonment.³

While many first-time “technical” breaches (like a single phone call) are dealt with by fines or probation, the court is increasingly moving toward actual imprisonment for any breach involving physical violence or persistent stalking.

For “Aggravated Breaches” (involving a weapon or serious injury), you may face even higher penalties under the Criminal Code.

Is someone alleging you breached a DVO? Contact Bell & Senior immediately. We defend DVO matters throughout the Gold Coast and Brisbane.