Contravention of Domestic Violence Order in Queensland
In Queensland, breaching a Domestic Violence Order (DVO) is a serious matter. As criminal lawyers who specialise in domestic violence cases, we provide legal support to people who are alleged to have breached a DVO. Understanding who can get these orders, what is a breach, and the legal consequences is important for anyone involved. These orders can include a wide array of conditions, and it is not always easy to determine whether certain acts constitute a breach.
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What is a Domestic Violence Order?
A Domestic Violence Order (DVO) is a court order designed to protect individuals from domestic violence. This legal document outlines specific conditions that the respondent (the person against whom the order is made) must adhere to, ensuring the safety and well-being of the aggrieved (the person protected by the order). A DVO can be issued by a court following an application by the aggrieved or a police officer.
Typically, a DVO includes standard conditions requiring the respondent to exhibit good behaviour and refrain from committing domestic violence. Additional conditions may also be imposed by the court, such as:
- Prohibiting contact with the aggrieved or other named individuals
- Restricting the respondent from approaching the aggrieved or named persons
- Banning the respondent from attending specific locations
It is crucial to understand that a DVO is a serious legal document. Breaching its conditions can lead to severe consequences, including imprisonment. Compliance with a DVO is essential to avoid these penalties and ensure the safety of all parties involved.
Who can get a domestic violence order?
A Domestic Violence Order can be applied for by anyone who is experiencing domestic violence in a relevant relationship. The application process is simple and can be initiated by:
- The person being subjected to violence (the aggrieved)
- Legal representative for the aggrieved
- Police officers
- Relatives or close friends of the aggrieved approved by the aggrieved
Applications can be lodged in person at a Magistrates Court, by post or online
What is a DVO Breach?
A breach occurs when the respondent fails to comply with any of the conditions of the DVO. Common breaches include:
- Committing domestic violence against the victim or others named on the order
- Breaching “no contact” provisions by contacting the victim or through intermediaries
- Approaching prohibited locations such as the victim’s home or workplace
A contravention of domestic violence order can lead to severe legal consequences.
These are serious offences in Queensland.
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What happens if you breach a DVO in QLD?
Breaching a DVO in QLD is a criminal offence. Penalties can include community service, fines, probation, and imprisonment. The maximum penalties for breaching a DVO are set out in Section 177 of the Domestic and Family Violence Protection Act 2012 and can be influenced by the offender’s criminal history. They are:
- A fine up to ~$19,500 (120 penalty units) or three years imprisonment, which is the maximum penalty for first-time offenders
- A fine up to ~$39,000 (240 penalty units) or five years imprisonment if the offender has previous domestic violence convictions within five years of the breach, indicating that the maximum penalty increases with prior convictions
Actual penalties imposed can vary widely depending on the circumstances surrounding the alleged offending, a defendant’s antecedents, and other factors that may be relevant to sentence.
Defences to Breaching a Domestic Violence Order
If you are charged with breaching a DVO, seeking the advice of a qualified lawyer is imperative. Several defences may be available to you, including:
- Lack of Knowledge: If you can demonstrate that you were unaware of the DVO’s existence or its specific conditions, this may serve as a defence.
- Self Defence: An act may not amount to a breach of DVO if it was carried out in self-defence.
It is important to note that the prosecution must establish that you intentionally breached the DVO. If you can show that the breach was not intentional, you may have a valid defence against the charge. Consulting with a lawyer can help you understand your rights and develop a robust defence strategy.
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View more InsightsFrequently asked questions
How do I get a Domestic Violence Order?
You can apply at your local Magistrates Court, online or through authorized people like police or legal counsel. Get legal advice during this process.
What do I do if I’ve been accused of breaching a DVO?
Get legal help immediately. A lawyer can explain your rights and explore available defences.
Can I challenge the conditions of a DVO?
Yes, you can challenge the conditions in court with legal representation. A lawyer can help you present your case.
How can I be notified about a DVO?
Notifications can be communicated through various methods, including electronic means such as a social networking site.