Domestic violence matters carry some of the most immediate and far-reaching consequences of any legal proceeding in Queensland. A single allegation can result in a police protection notice being issued within hours, criminal charges being laid, and a domestic violence protection order being applied for, all before you have had an opportunity to obtain legal advice.
At Donnelly Law Group, our domestic violence lawyers have been representing both aggrieved persons and respondents in domestic violence proceedings across Brisbane, the Gold Coast, and throughout south east Queensland since 1996. Whether you need a protection order to keep you and your family safe, or you are facing domestic violence charges and need to protect your rights, our experienced team provides the legal representation, practical advice, and personal support that these sensitive matters demand.
Call us on 1300 11 22 12 for a free, confidential initial consultation with an experienced domestic violence lawyer.
What Is Domestic Violence Under Queensland Law?
Domestic and family violence is defined under the Domestic and Family Violence Protection Act 2012 (Qld) as behaviour by one person towards another in a relevant relationship that is physically, sexually, emotionally, psychologically, or economically abusive, or that is threatening, coercive, or in any other way controls or dominates the other person and causes them to fear for their safety or well being.
The definition is deliberately broad. Domestic violence does not require physical contact. It includes, but is not limited to:
- Physical violence such as hitting, pushing, restraining, or throwing objects
- Sexual abuse including non-consensual sexual contact and sexual coercion
- Emotional abuse such as constant criticism, humiliation, and degradation
- Psychological abuse including intimidation, gaslighting, and manipulation
- Financial abuse such as controlling access to money, preventing a partner from working, or coercing them into debt
- Threatening behaviour including threats to harm the person, their children, their pets, or their property
- Stalking and surveillance
- Coercive control, which involves a pattern of abusive behaviour intended to dominate, isolate, or strip another person of their autonomy.
Importantly, domestic violence can involve a single act or a pattern of behaviour. Since the August 2023 amendments, the definition expressly recognises patterns of behaviour that occur over time or through a series of acts.
What Is a “Relevant Relationship”?
Domestic violence proceedings can only be brought where the parties are in a “relevant relationship” as defined by the Act. This includes:
- People who are or were married or in a registered relationship
- People who are or were in an intimate personal relationship (regardless of gender)
- Family members including parents, children, siblings, and grandparents
- People who live or have lived in the same household
- People in an informal care relationship (where one person is or was dependent on the other for help with daily living and the carer is not paid)
- People who share parental responsibility for a child.
The relationship does not need to be current. Former partners, former household members, and former family relationships all fall within the scope of the Act.
A domestic violence protection order is a civil order issued by the Magistrates Court to protect a person (the aggrieved) from domestic violence committed by another person (the respondent). It is not a criminal charge and does not appear on a criminal record. However, breaching the conditions of a domestic violence order is a serious criminal offence that can result in imprisonment.
How a Domestic Violence Order Works
A domestic violence order sets out specific conditions that the respondent must follow. These conditions are tailored to the circumstances of each case and may include requirements that the respondent:
- Be of good behaviour towards the aggrieved and any named persons (such as children)
- Does not contact, approach, or locate the aggrieved
- Does not enter or remain at the aggrieved’s residence, workplace, or children’s school
- Surrenders any weapons or weapons licences
- Meets any other conditions the court considers necessary or desirable to protect the aggrieved.
The court can also make ouster conditions requiring the respondent to leave a shared residence, and it can include conditions about the use of social media and third-party contact.
Types of Domestic Violence Orders
Police Protection Notice (PPN)
Police can issue a PPN at the scene of a domestic violence incident if they believe it is necessary to protect the aggrieved. A police protection notice takes effect immediately and remains in force until a court hearing, which must occur within the timeframe set by the notice. The respondent must be served with the PPN, and from that point, breaching its conditions is a criminal offence.
Temporary Protection Order (TPO)
If the court is satisfied that there is an immediate risk of harm, it can issue a temporary protection order before the matter is heard in full. A temporary protection order provides interim protection until the application for a final order is determined. Our domestic violence lawyers can apply for urgent temporary protection orders where the circumstances require it.
Protection Order (Final)
A protection order is the final order made after the court has heard the domestic violence application. It can last for a specified period or, if no duration is set, for five years. The standard conditions and any additional conditions specified by the Magistrate must be followed by the respondent for the entire duration of the order.
Applying for a Domestic Violence Protection Order
The first step is to complete and file an Application for a Protection Order with the Magistrates Court. The application can be made by the aggrieved person directly (a private application) or by a police officer on the aggrieved’s behalf (a police application). You can request that specific individuals be included as named persons on the order, usually children or other family members who may be at risk.
Once the application is filed, the court will list the matter for a first mention date. At that mention, the respondent can consent to the order, consent without admissions, or contest the application. If the order is contested, the Magistrate will set directions for both parties to file evidence in the form of affidavits, and the matter will be listed for a contested hearing at a later date.
Our domestic violence lawyers assist with every stage of the application process, from preparing and filing the application, through to gathering and preparing evidence presented to the court (including affidavits, police statements, and medical records), and representing you at all court events including first mentions, directions hearings, and final hearings.
Contesting a Domestic Violence Order
If a domestic violence order has been applied for against you and you disagree with the application, you have every right to contest it. As a respondent, you are not obligated to consent to an order you believe is unjustified or unnecessary. At a contested hearing, both parties give evidence, and the Magistrate determines whether the order should be made based on the evidence presented.
Contesting a domestic violence application is not a criminal matter, and there is no penalty for doing so. However, the court process requires careful preparation. You will need to file an affidavit setting out your version of events, and you should anticipate being cross-examined on your evidence. Our experienced domestic violence lawyers have years of experience contesting domestic violence applications and will ensure your side of the matter is presented thoroughly and persuasively.
Varying or Revoking a Domestic Violence Order
If circumstances change after a domestic violence order is made, either party can apply to the court to have the conditions varied or the order revoked. Common reasons for variation include changes in living arrangements, the need for contact regarding children, or a genuine reconciliation between the parties. The court will only grant a variation if it is satisfied that the change is appropriate in the circumstances. Our lawyers can advise whether a variation application is likely to succeed and handle the process on your behalf.
Domestic violence proceedings are civil in nature, but the conduct that gives rise to a domestic violence application frequently also constitutes a criminal offence. It is common for a person to face both a domestic violence order application and criminal charges arising from the same incident. The criminal charges are dealt with separately, and a conviction for a domestic violence offence creates a permanent criminal record.
Breach of a Domestic Violence Order
Breaching any condition of a domestic violence order (including a PPN, TPO, or final protection order) is a criminal offence under section 177 of the Domestic and Family Violence Protection Act 2012. To be found guilty, the prosecution must prove that the respondent was aware of the existence of the order. The court can inform you of the order directly, or police may serve you with it personally, by phone, email, text message, or even via social media.
Penalties for breach of a domestic violence order:
| First Breach | Breach with Prior DV Conviction | |
|---|---|---|
| Maximum fine | 120 penalty units | 240 penalty units |
| Maximum imprisonment | 3 years | 5 years |
The court can impose penalties ranging from good behaviour bonds, fines, and probation orders through to actual imprisonment. For repeat breaches, or where the breach involves violent behaviour, imprisonment becomes increasingly likely.
Defence strategies for breach of a domestic violence order
- The respondent was not aware of the existence of the order (the prosecution must prove beyond a reasonable doubt that the respondent had been properly served or otherwise informed of the order).
- The alleged conduct did not actually breach the specific condition relied upon by the prosecution (for example, the conduct did not amount to behaviour that was “not of good behaviour” as required by the standard condition).
- The respondent was not the person who engaged in the alleged conduct.
- The contact was initiated entirely by the aggrieved and the respondent did not willingly participate (though this defence has limitations and must be carefully assessed).
Strangulation, Suffocation, and Choking in a Domestic Setting
It is a criminal offence under section 315A of the Criminal Code Act 1899 (Qld) to unlawfully strangle, suffocate, or choke a person in a domestic setting without their consent. This offence was introduced in 2016 following the recommendations of the Special Taskforce on Domestic and Family Violence, in recognition that non-fatal strangulation is one of the strongest predictors of future lethal violence.
The maximum penalty is 7 years imprisonment. Provocation is not available as a defence to this charge because the offence does not include an element of assault.
Defence strategies for strangulation, suffocation, and choking
- The force used was necessary and proportionate to protect the accused from harm.
- The other person consented to the conduct (limited circumstances).
- The accused was compelled to commit the act under threat of serious harm.
- The accused’s actions did not intentionally apply pressure to the other person’s neck in a manner that restricted respiration or blood circulation.
Coercive Control
From 26 May 2025, coercive control became a standalone criminal offence in Queensland under what is colloquially known as “Hannah’s Law,” named in memory of Hannah Clarke and her three children. Coercive control involves a pattern of abusive behaviour used to dominate, isolate, or intimidate a person in a domestic or family relationship. Unlike most domestic violence offences that focus on individual incidents, coercive control criminalises an ongoing course of conduct.
To be found guilty, the court must be satisfied that the person:
- Is in a domestic relationship with the victim
- Engaged in a course of conduct against the victim that constitutes domestic violence occurring on more than one occasion
- Intended the course of conduct to coerce or control the victim
- Knew the course of conduct would, in all the circumstances, be reasonably likely to cause the victim harm (whether physical, emotional, financial, psychological, or mental).
The maximum penalty for coercive control is 14 years imprisonment, the harshest penalty in Australia for this offence. Queensland is the second state after New South Wales to criminalise coercive control as a standalone offence.
It is also now a criminal offence to assist a perpetrator of domestic violence in carrying out abusive behaviour or breaching a domestic violence order, with penalties of up to 3 years imprisonment or a fine of 120 penalty units.
Defence strategies for coercive control
- The conduct did not amount to a “course of conduct” and it was an isolated incident rather than a pattern of behaviour occurring on more than one occasion.
- The accused did not intend the conduct to coerce or control the other person.
- The conduct was reasonable in the context of the relationship between the parties (this is a statutory defence under the legislation).
- A domestic or family relationship did not exist between the accused and the alleged victim.
- The course of conduct would not, in all the circumstances, be reasonably likely to cause the other person harm.
Other Criminal Offences Commonly Charged in a Domestic Setting
Many criminal offences carry heavier penalties when committed in a domestic context. Common criminal charges arising from domestic violence matters include
- Assault and assault occasioning bodily harm
- Grievous bodily harm
- Sexual assault
- Deprivation of liberty (detaining or confining a person against their will)
- Stalking
- Threats
- Wilful damage to property.
When a criminal offence is committed in a domestic and family violence context, the court treats this as an aggravating factor at sentencing. This means that the penalty imposed is likely to be more severe than it would be for the same offence committed outside a domestic relationship.
Domestic violence matters are primarily heard in the Magistrates Court. Understanding the court process removes uncertainty and allows you to prepare effectively, whether you are the aggrieved or the respondent.
The incident and immediate response
Following a domestic violence incident, police may attend and issue a police protection notice on the spot if they believe protection is urgently required. The PPN takes effect immediately and sets conditions the respondent must follow. Police may also lay criminal charges at this stage.
Filing the application
If police have not already filed an application, the aggrieved can file a private application for a domestic violence protection order at the Magistrates Court. Our lawyers can assist with preparing and filing this application.
First court date (mention)
At the first mention, the Magistrate will identify whether the order is consented to or contested. If consent is given, the order can be made on the spot. If the matter is contested, the court will set directions for the filing of evidence and list a hearing date. Domestic violence proceedings involve strict timeframes set by Queensland courts, and missing deadlines can affect the outcome.
Evidence preparation
Both parties prepare affidavits setting out their version of events. Our domestic violence lawyers help gather and prepare evidence such as affidavits, police statements, medical records, photographs, and any other relevant material.
Contested hearing
At a contested hearing, both parties give evidence and may be cross-examined. The Magistrate determines whether domestic violence has occurred on the balance of probabilities (the civil standard of proof, which is lower than the criminal standard of “beyond reasonable doubt”). If the court is satisfied that domestic violence has occurred and an order is necessary or desirable, it will make the order and specify conditions.
Compliance and consequences
Once an order is in force, the respondent must comply with all conditions. If criminal charges have also been laid, those matters proceed through the criminal justice system separately, with a higher standard of proof applying.
Free duty lawyers are available at the Brisbane Magistrates Court on the day of a hearing to provide immediate advice if you do not have your own legal representation. However, a duty lawyer has limited time and cannot provide the level of preparation that a privately engaged domestic violence lawyer can offer.
Domestic violence cases frequently intersect with family law matters, particularly child custody arrangements and property settlements. These are distinct areas of law governed by different legislation (the Family Law Act 1975 (Cth) for family law, and the Domestic and Family Violence Protection Act 2012 (Qld) for DVO proceedings), but the factual overlap means that what happens in one set of proceedings often has direct consequences in the other.
A domestic violence order or criminal conviction for a domestic violence offence is relevant to the Family Court’s assessment of parenting arrangements. Under the Family Law Act, the court must consider any family violence when determining what arrangements are in the best interests of a child. A DVO may limit contact between a parent and child, affect who has primary care of the child, and influence whether supervised or unsupervised time is appropriate.
Recent amendments to the Family Law Act 1975 (Cth), effective from June 2025, now require the Family Court to consider the economic impact of family violence in property settlement proceedings, including behaviours such as controlling access to finances and coercing a partner into debt.
Our domestic violence lawyers understand the intersection of domestic violence law and family law and can advise on how proceedings in one jurisdiction may affect the other. Where related family law matters arise, we can coordinate with family law specialists to ensure a consistent approach across both sets of proceedings.
Even though a protection order is a civil order and does not appear on your criminal record, being the respondent to a DVO carries serious implications that extend well beyond the courtroom.
Weapons and security licences
A domestic violence order requires the respondent to surrender any weapons in their possession and suspends any weapons licence for the duration of the order. If you hold a security licence or work in a role that requires a weapons licence, a DVO may directly affect your ability to work.
Employment
While a DVO itself does not create a criminal record, the existence of an order may be relevant to employment in industries that require background screening, particularly roles involving vulnerable people, security, or government positions.
Accommodation
Ouster conditions can require you to leave a shared residence immediately, creating urgent accommodation needs. Conditions restricting your ability to attend certain locations can also affect your daily life.
Children
A DVO may include conditions that affect your contact with your children, either directly (through named person provisions) or indirectly (by being used as evidence in Family Court proceedings regarding parenting arrangements).
Criminal record (if breached)
If you breach any condition of a DVO, you commit a criminal offence. A conviction for breach creates a permanent criminal record and can result in imprisonment, particularly for repeat breaches.
Interstate recognition
Under the National Domestic Violence Order Scheme, a Queensland DVO is recognised and enforceable in all other Australian states and territories. This means the conditions of the order apply wherever you are in Australia.
The legal position of the respondent depends on whether the matter is a civil domestic violence application or a criminal charge.
Contesting a DVO application
In civil DVO proceedings, the respondent can challenge the application by disputing that domestic violence occurred, arguing that the behaviour does not meet the legislative definition, presenting evidence that the application is vexatious or motivated by other factors (such as a family law dispute), or arguing that an order is not necessary or desirable in the circumstances.
Defending criminal charges
For criminal domestic violence charges, the available defences depend on the specific offence charged. Common defences in domestic violence cases include:
- Self-defence, where the force used was necessary and proportionate to the threat
- Accidental, where the conduct was unintentional
- Lack of intent
- Duress, where the accused was forced into the conduct.
For a breach of DVO charge, a defence may be available if the respondent was genuinely unaware of the existence of the order, or if the alleged conduct did not actually breach the relevant condition.
Our criminal lawyers assess every element of the prosecution’s case and develop a defence strategy tailored to the specific circumstances of your matter. We review all evidence presented, identify weaknesses in the prosecution’s case, and present mitigating factors to the court where appropriate.
Why Choose Donnelly Law Group for Domestic Violence Matters?
Representing Both Aggrieved Persons and Respondents
Domestic violence matters are rarely straightforward, and our lawyers approach every case from a position of neutrality and professionalism. If you are the aggrieved, we work to secure the protection you and your family need as swiftly as possible. If you are the respondent, we ensure that the allegations against you are properly tested and that your version of events is placed before the court. Our domestic violence lawyers assist both sides of domestic violence applications with equal dedication and expertise.
Decades of Experience in Queensland's Domestic Violence Courts
Since 1996, Donnelly Law Group has been appearing in Magistrates Courts throughout Queensland for domestic violence proceedings. That sustained presence gives our experienced team of domestic violence lawyers an intimate knowledge of how domestic violence matters are managed in each court, the expectations of local magistrates, and the approach of police prosecutors. Whether your court date is at Brisbane, the Gold Coast, Beenleigh, Ipswich, or any regional courthouse, our lawyers attend court well prepared and well versed in local practice.
Navigating Criminal Charges and Protection Orders Together
Many domestic violence matters involve both a DVO application and criminal charges arising from the same incident. Our criminal lawyers handle both aspects of these proceedings, providing coordinated legal representation that accounts for how each matter may affect the other. This avoids the fragmented approach that can occur when different lawyers handle different aspects of the same set of facts.
Genuine Support Throughout a Difficult Process
We recognise that domestic violence matters carry an emotional weight that few other legal proceedings match. Whether you are dealing with the trauma of abusive behaviour or the distress of facing allegations you believe are unfounded, our team provides clear communication and personal support from your first phone call through to the conclusion of your matter. We explain the legal process in plain terms, keep you informed of every development, and make sure you understand your options at each stage.
Speak with a Brisbane Domestic Violence Lawyer
Call Donnelly Law Group on 1300 11 22 12 for a free, confidential consultation. Our domestic violence lawyers Brisbane are available 24 hours a day, 7 days a week. We represent clients in domestic violence proceedings across Brisbane, the Gold Coast, and every court location throughout Queensland.
If you are in immediate danger, call Triple Zero (000) for police assistance.
FAQs About Domestic Violence Matters in Brisbane.
What should I do if the police want to speak to me about a domestic violence matter?
If police attend and want to speak to you about a domestic violence incident, you are required to provide your name, date of birth, and contact details. If arrested, you may also need to provide identifying particulars such as fingerprints. Beyond that, you have the right to remain silent. You do not have to answer questions, make a statement, or participate in a police interview. Contact Donnelly Law Group at the earliest opportunity so that one of our domestic violence lawyers can advise you on your rights and the best course of action.
What is the difference between a DVO and criminal charges?
A domestic violence order is a civil order that sets conditions the respondent must follow. It does not create a criminal record. Criminal charges (such as assault, breach of DVO, or coercive control) are separate proceedings brought under the Criminal Code or other legislation. A criminal conviction does create a permanent criminal record. It is common for both a DVO application and criminal charges to arise from the same incident, and each is dealt with through a different legal process.
Can a domestic violence order be made without my consent?
Yes. If you contest the application, the court can still make a protection order after hearing evidence from both parties. If you fail to attend court, the Magistrate may make the order in your absence based on the evidence of the aggrieved. This is why it is critical to obtain legal advice and attend court if a domestic violence application has been made against you.
What happens if I breach a domestic violence order?
Breaching any condition of a DVO is a criminal offence. For a first breach, the maximum penalty is 3 years imprisonment or 120 penalty units. If you have a prior conviction for domestic violence, the maximum penalty increases to 5 years imprisonment or 240 penalty units. Even conduct that you consider minor (such as sending a text message in breach of a “no contact” condition) can constitute a breach and result in criminal charges being laid.
Will a DVO affect my children?
A domestic violence order can include children as named persons, which may restrict your contact with them. Even where children are not specifically named, the existence of a DVO is relevant to Family Court proceedings about parenting arrangements. The Family Court must consider any domestic violence when deciding what arrangements are in a child’s best interests.
What is coercive control and when did it become a criminal offence?
Coercive control is a pattern of abusive behaviour used to dominate, isolate, or control another person in a domestic or family relationship. It became a standalone criminal offence in Queensland on 26 May 2025, carrying a maximum penalty of 14 years imprisonment. The offence applies to conduct occurring from that date onwards and requires proof that the person engaged in a course of domestic violence on more than one occasion with the intention to coerce or control the victim.
Do I need a domestic violence lawyer?
Domestic violence proceedings can have lasting consequences for your safety, your liberty, your relationship with your children, and your criminal record. Whether you are the aggrieved seeking protection or the respondent defending against allegations, experienced legal representation significantly improves the likelihood of achieving the best outcome. Our domestic violence lawyers understand the mitigating factors, procedural requirements, and court expectations that shape the outcome of these matters.
Where can I find support if I am experiencing domestic violence?
If you are in immediate danger, call Triple Zero (000). For 24-hour telephone support, contact DV Connect Womensline on 1800 811 811 or DV Connect Mensline on 1800 600 636. You can also contact 1800 RESPECT (1800 737 732) for national counselling and support services. The Queensland Indigenous Family Violence Legal Service provides culturally appropriate support for Aboriginal and Torres Strait Islander communities.
