While the making of a Domestic Violence Order (DVO) is a civil matter, breaching or contravening that order is a serious criminal offence, carrying severe maximum penalties including up to 5 years imprisonment.
At Bell & Senior Lawyers, we aggressively defend clients facing charges of contravening a DVO, as well as broader criminal charges that have been formally ‘aggravated’ by domestic violence.
What Constitutes a Breach?
A breach occurs when the respondent fails to comply with any condition on the DVO. This ranges from obvious physical breaches (like attending the aggrieved’s house) to highly technical breaches, such as:
- Sending an unwanted text message or email.
- Liking or commenting on the aggrieved’s social media.
- Asking a third party (like a mutual friend) to pass on a message.
- Approaching the aggrieved in a public place, like a shopping centre, and failing to leave the vicinity.
Offences Aggravated by Domestic Violence
In Queensland, standard criminal offences, such as assault, wilful damage, or stalking, become significantly more serious if the victim is a person you are in a domestic relationship with.
Under the Penalties and Sentences Act, if an offence is ‘domestic violence-related’, the Magistrate must consider this as an aggravating factor when sentencing. This often shifts the penalty range upward, making custodial sentences (actual jail time) far more likely, even for first-time offenders.
Strategic Defence
Police frequently rely solely on the complaint of the aggrieved to lay a breach charge, often without independent corroboration. Our criminal defence team holds the police to the strict standard of proof, they must prove the breach beyond a reasonable doubt.
We meticulously review text message forensics, subpoena CCTV footage, and interview independent witnesses to build your defence. If the breach was accidental or technically trivial, we aggressively negotiate with Police Prosecutions to have the charge withdrawn or significantly downgraded before trial.
Contact our experienced defence team immediately if you have been contacted by police regarding a DVO breach.