Breach of a DVO
In Queensland, a Domestic Violence Order (DVO) is a legal instrument designed to protect individuals from domestic and family violence. Breaching a DVO is a serious offence under the Domestic and Family Violence Protection Act 2012 and carries significant legal consequences.
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What Constitutes a Breach of a DVO?
A breach occurs when the respondent (the individual subject to the DVO) fails to adhere to any conditions stipulated in the order. These conditions may include:
- No-contact provisions: Prohibiting any form of communication with the aggrieved person (or a named person).
- Exclusion zones: Restricting the respondent from approaching or entering specific locations, such as the aggrieved person’s residence or workplace.
- Behavioural requirements: Mandating the respondent to maintain good behaviour and refrain from acts of violence or intimidation.
Non-compliance with these conditions is considered a criminal offence under Section 177 of the Act.
Legal Consequences of Breaching a DVO in Queensland
The penalties for breaching a DVO vary based on the nature of the breach and the respondent’s history of compliance:
- First Offence: A fine of up to 60 penalty units or imprisonment for up to 3 years.
- Subsequent Offences within 5 Years: A fine of up to 120 penalty units or imprisonment for up to 5 years.
As of July 1, 2024, one penalty unit in Queensland is valued at $161.30, making the maximum fines $9,678 for a first offence and $19,356 for subsequent offences.
Despite the availability of imprisonment as a penalty, data indicates that a significant number of offenders receive fines. Over the past five years, more than 18,000 individuals were fined for DVO breaches, with many fines being less than $500. Advocates argue that such penalties may not effectively deter future offences.
Defending Against a Breach of DVO Charge
Mounting a defence against a DVO breach charge requires a thorough examination of the circumstances surrounding the alleged violation. Potential defences include:
- Lack of Knowledge: The respondent was not aware of the existence of the DVO or its specific conditions.
- Unintentional Breach: The breach occurred inadvertently, without deliberate intent to violate the order.
- Duress or Coercion: The respondent was forced to act in a manner that resulted in the breach due to threats or coercion.
It’s important to note that even if the aggrieved party encourages or consents to contact, the respondent remains legally obligated to comply with the DVO conditions. The law does not recognise the aggrieved party’s consent as a defence for breaching the order.
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View more InsightsFrequently asked questions
What constitutes a breach of a Domestic Violence Order (DVO) in Queensland?
A breach occurs when you fail to follow any condition in the DVO, such as contacting the protected person, approaching their home or workplace, or engaging in threatening behaviour.
What are the penalties for breaching a DVO in Queensland?
First offenses can result in up to 3 years imprisonment or fines up to $9,678. Subsequent breaches within 5 years face up to 5 years imprisonment or fines up to $19,356.
Is it a defense if the aggrieved invites me to breach the DVO?
No. Even if the protected person initiates or consents to contact, you remain legally obligated to comply with all DVO conditions.
What evidence is needed to prove a DVO breach?
Evidence typically includes text messages, phone records, photographs, witness statements, or social media interactions that demonstrate the respondent violated DVO conditions.