Domestic violence concerns not only romantic but also family relationships, this includes relationships with brothers and sisters, grandparents or parents. Our experienced team are passionate about advocating for victims of domestic violence in a holistic and supportive manner and ensuring that victims feel supported throughout the legal process. Our team can help with:
- Applications for temporary protection orders
- Defence of temporary protection orders
- Applying to the court for a protection order
- Applications to vary preexisting protection orders
- Cross applications
- Police negotiations
- Advocating on your behalf at all court events such as first court dates, mentions and final hearings
Domestic violence offences that our experienced DV lawyers can provide defence representation for
Breach of DVO charges
A Protection Order in Queensland is a civil order between two people who have been or are in a domestic relationship. This means that if you have a Protection Order made against you, it is not on your criminal record. However, if you have any type of domestic violence order (DVO) in force against you (including a Police Protection Notice [PPN], a Temporary Protection Order [TPO] or a Protection Order) and you are charged by Police with breaching the conditions of that order, you will be required to go to court and if found guilty, it will be guilty of a criminal offence and the court can impose penalties ranging from good behaviour bonds, fines, probation orders and imprisonment.
To be found guilty of a breach of a DVO you must be aware of the existence of the order. The court may inform you of the order or the police may directly serve you with the order. If the police cannot locate you, police can also inform you of the order by way of phone, email, text message, and even via social media.
What is the maximum penalty you can get for breaching a PO or DVO in QLD?
For first time breaches the court can impose a maximum sentence of 3 years’ imprisonment or a fine of up to 120 penalty units. On the other hand, a person who has previously been found guilty of domestic violence can face a maximum penalty of 5 years’ imprisonment or a fine of 240 penalty units or $38,712.
What are potential defence strategies for Breach of DVO charges on the Gold Coast & QLD?
- Respondent was not aware of the existence of a DVO (prosecution will have to prove beyond a reasonable doubt)
- The conduct did not breach the the relevant condition of the order or did not amount to, for example, not being of good behaviour
Contesting police protection orders
The respondent is the person who has had the police protection order placed on them, the aggrieved is the ‘victim’. If you are a respondent and you disagree with the making of a domestic violence order, you have the option of opposing the application. In this case, the magistrate will set a date for both sides to file evidence in the form of affidavits setting out the circumstances of the act/s of domestic violence and why it is necessary or desirable to make an order. A contested hearing before the court would follow at a later time.
At the contested hearing both parties will give evidence about the matters. If your matter is listed for a contested hearing, it’s important that you seek legal advice. Our team of experienced solicitors have years of experience contesting domestic violence orders and are here to support you every step of the way.
What is the maximum penalty you can get for contesting police protection orders in QLD?
There is no penalty for contesting a police protection order, you have a legal right to oppose the making of a temporary or final protection order. However, breaching the DVO conditions (even while contesting it in court) can result up to 5 years imprisonment for multiple breaches.
Strangulation, suffocation & choking in a domestic setting charges
It is a crime to unlawfully strangle, suffocate or choke a person without their consent in a domestic setting. If a person applies pressure to another person’s neck, that either completely or partially restricts respiration and or blood circulation.
What is the maximum penalty you can get for strangulation, suffocation or choking in a domestic setting in QLD?
The maximum penalty is 7 years imprisonment.
What are potential defence strategies for strangulation, suffocation or choking in a domestic setting on the Gold Coast & QLD?
- Self-defence – Force used was necessary/proportionate
- Consent – The victim consented to being choked
- Duress – Accused was forced into committing the act
- Mistaken identity – Accused was not the person who unlawfully choked another person
- Lack of intent – The actions committed did not intend to choke another person
Provocation is not a defence that can be raised by a person accused of strangulation, choking or suffocation because this offence does not have an element of assault.
Deprivation of liberty charges
Deprivation of liberty is to detain someone or confine a person in any space against their will.
What is the maximum penalty you can get for deprivation of liberty in QLD?
In Queensland, any person who is found guilty of deprivation of liberty is liable to 3 years imprisonment.
What are potential defence strategies for deprivation of liberty on the Gold Coast & QLD?
It may be a defence if the deprivation of liberty was by a lawful authority such as police, or a patient being detained under the mental health provisions. It may also be a defence if the deprivation was lawful, such as if a parent lawfully reprimanded their children, or teachers requiring a student to be in detention.
Stalking charges
Stalking does not have to be over multiple occasions, it can also occur on one protracted occasion. Nor does stalking have to be in person, stalking can include contacting the person anyway including over the telephone or leaving messages, notes or even by loitering in an area that near victim.
To be found guilty of stalking the prosecution must prove;
- that the accused has intentionally engaged in the described conduct; and
- the conduct was directed at a person; and
- that the conduct would cause the person to fear violence against themself or another; or
- the conduct is detrimental to the person.
What is the maximum penalty you can get for stalking in QLD?
The maximum penalty for stalking is 10 years imprisonment.
What are potential defence strategies for stalking on the Gold Coast & QLD?
- Lawful purpose – conduct occurred during a legitimate activity such as during course of employment, trade or business.
- Genuine accident – police must prove beyond a reasonable doubt that the accused did not deliberately engage in stalking behaviour
- Extraordinary emergency
Assaulting a child
Assault is categorised depending on the level of severity. The key elements of assault include;
- recklessness or intention; and
- the victim must be in fear or have a reasonable apprehension of violence (actual physical contact is not necessary); and
- the victim must not have consented to the behaviour; and
- the act must be without lawful justification.
Penalties increase if the assault causes bodily harm or serious injury. Cases involving caregivers or authority figures are treated more severely, with harsher punishments for aggravated circumstances like prolonged abuse or weapon use.
What is the maximum penalty you can get for assaulting a child in QLD?
The maximum penalty for assault on a child in Queensland depends on the severity of the offence:
- Common assault (no serious injury) – up to 3 years imprisonment
- Assault causing bodily harm – up to 7 years imprisonment
- Assault with aggravating factors (e.g., use of a weapon, group attack) – up to 10 years imprisonment
- Grievous bodily harm (serious permanent injury) – up to 14 years imprisonment
If the offender is a trusted person (e.g., parent, guardian, teacher, caregiver), the courts treat the offence more seriously due to the breach of trust. This can result in harsher sentencing, including longer prison terms and denial of parole.
What are potential defence strategies for assaulting a child on the Gold Coast & QLD?
- Self-defence
- Defence of another person
- Lawful correction (parental discipline) – parents or guardians may claim they used reasonable force to discipline a child, provided it was not excessive or cruel
- Lack of intent to assault the child
- Accident – accused caused injury unintentionally
- Mistaken identity
Rape
Rape is defined as penetration of the vulva, vagina, anus or mouth with the penis, a thing, or any part of a person’s body without their consent. For this offence, a child under the age of 12 is not able to give consent.
What is the maximum penalty you can get for rape in QLD?
The maximum penalty for the charge of rape is life imprisonment
What are potential defence strategies for rape on the Gold Coast & QLD?
- Victim freely and voluntarily consented to the sexual penetration
- Accused genuinely and reasonably believed the complainant was consenting, however the belief must be honest and reasonable in the cirumstances
- The accused can establish an alibi proving they were not present at the alleged time or location the offence took place
- Mental impairment
- Insanity
- Duress
Sexual assault
Sexual assault is an unlawful or non-consensual sexual act. The sexual act does not have to be physical and can also include coercing another to watch inappropriate acts or conduct as well as engaging in intercourse without the other person’s consent
What is the maximum penalty you can get for sexual assault in QLD?
Sexual assault charges are serious and can result in long prison sentences, depending on the severity of the offence.
What are potential defence strategies for sexual assault on the Gold Coast & QLD?
- Victim freely and voluntarily consented
- Accused genuinely and reasonably believed the complainant was consenting
- Insanity
- Mental impairment
Grievous bodily harm
GBH is defined as either;
- The loss of a body part or organ
- Serious disfigurement
- Or any bodily injury that if left untreated would or is likely to cause permanent injury.
What is the maximum penalty you can get for grievous bodily harm in QLD?
GBH is an indictable offence and must be heard in the District Court. If you are found guilty of GBH you could be liable for 14 years imprisonment.
What are potential defence strategies for grievous bodily harm on the Gold Coast & QLD?
- Self-defence
- Duress
- Intoxication
- Mistaken identity
- Mental impairment
Assault occasioning bodily harm (AOBH)
Assault occasioning in bodily harm is an assault that interferes with the victim’s health or comfort. A charge of AOBH is often laid when the victim has sustained bruising or scratching.
What is the maximum penalty you can get for assault occasioning bodily harm) in QLD?
Assault occasioning in bodily harm can result in a penalty of 7 years imprisonment.
What are potential defence strategies for assault occasioning bodily harm on the Gold Coast & QLD?
- Self-defence
- Defence of another person
- Assault did not amount to bodily harm
- Accident – AOBH occurred from an unintentional act
- Consent
Threats
Threatening to cause detriment to another person with the intention of preventing a person from doing an act they are otherwise legally entitled to do is a crime.
What is the maximum penalty you can get for threats in QLD?
If you are charged with making a threat or threats the maximum penalty is 5 years imprisonment. However, if the person who is threatened is a law enforcement officer or a person helping a law enforcement officer then the maximum sentence is 10 years imprisonment.
What are potential defence strategies for threats on the Gold Coast & QLD?
- A reasonable person wouldn’t have perceived a threat of harm
- No intentional threat to cause harm or detriment was made
- Duress
Coercive control
Coercive control includes patterns of behaviour such as isolation, intimidation, and sexual coercion.
What is the maximum penalty you can get for coercive control in QLD?
As of May 2025, coercive control will become a criminal offence in Qld. Coercive control will carry a maximum penalty of 14 years imprisonment.
What are potential defence strategies for coercive control on the Gold Coast & QLD?
If the alleged offender can prove that the course of conduct was reasonable within the context of the relationship between the victim and the respondent
Why choose domestic violence lawyers at Donnelly Law Group?
Our team at Donnelly Law Group are passionate about our clients and getting the best outcomes when it comes to domestic violence offences. Alleged domestic violence offences can carry a stigma and be hard to talk about. Our team at Donnelly Law understand that there are always two sides to a coin, we are not here to pass judgment. We understand your matter from a neutral standpoint, allowing us to show the Court your side of the coin and get you the best possible outcome.
Extensive experience handling domestic violence cases across the Gold Coast & Queensland
Donnelly Law Group has represented alleged offenders and victims of domestic violence since 1996. It is our extensive experience and client-centred approach to domestic violence that has allowed us to successfully resolve matters across the Gold Coast and throughout Queensland.
Local expertise
Donnelly Law Group was born and bred in Queensland. Donnelly Law has offices on the Gold Coast as well as the Gold Coast, coupled with our long-term working relationships with courts from Coolangatta to Cairns. This allows us to approach all matters with solid local knowledge, which has seen us successfully resolve domestic violence matters all over Queensland.
Personalised approach for all domestic violence offences to help achieve the best outcome for our clients
At Donnelly Law Group we offer a personalised approach for all domestic violence cases. Whether you’re based on the Gold Coast or across Queensland, our experienced domestic violence lawyers will provide you with dedicated support every step of the way.
Book An Appointment.
Our legal strategy for domestic and family violence offences across the Gold Coast & QLD
We aim to bring a personalised understanding to each aspect of DV advocacy. No two family or domestic relationships are alike. We understand that every matter is unique. After getting to know you and the surrounding circumstances that led to the offending. Our senior legal team review all the evidence for your matter before conferencing with you. This collaborative approach allows us to see the big picture and deal with the matter holistically, ultimately getting you the best outcome.
Initial consultation
During your initial consult, we will take the time to understand the uniqueness of your situation. We will then lay out the procedure and process of dealing with the matter.
Case assessment
Our team of domestic violence lawyers will conduct a case assessment and review your QP9, and other evidence presented by police.
Developing a defence strategy
Based on the case assessment, our lawyers will create a custom defence strategy focused on achieving the best outcome possible.
Court representation
Our domestic violence lawyers will appear and advocate on your behalf in court. With determination and preparation, we will professionally present a strong defence before the Magistrate.
FAQs.
What should I do if the police want to speak to me about a domestic violence offence?
If the Queensland Police want to speak to you about breaching a domestic violence offence, you only have to give them your name, date of birth and contact details. If they arrest you or serve you with a notice, you may also have to provide identifying particulars such as your fingerprints.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a domestic violence lawyer?
Having defended and witnessed hundreds of domestic violence offences in Queensland, it is apparent that defendants achieve the best possible outcome when they are represented by a lawyer who specialises in violence-related matters.
Our criminal lawyers specialise in domestic violence offences. We understand the mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these mitigating factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of a domestic violence lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
When should I contact a domestic violence lawyer?
If you have been charged or suspect you are under investigation for a domestic violence offence, contact Donnelly Law Group today.
It’s crucial that you receive expert legal advice before speaking to the police.
The sooner you contact us, the sooner we can protect your legal interests, begin working on your case and help you achieve the best possible outcome.
Call Donnelly Law Group now and arrange your free initial consultation with one of our expert domestic violence lawyers.
Will my lawyer represent me in court?
Donnelly Law Group’s team of specialist domestic violence lawyers will research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers domestic violence offences in Queensland?
In Queensland, most domestic violence-related offences involve assault.
Assault and violence-related offences are legislated under the Criminal Code Act 1899.
What are the penalties for domestic violence offences in Queensland?
In Queensland, most domestic violence-related offences involve assault.
Most assault offences in Queensland carry a maximum penalty of imprisonment. There are also a number of aggravating factors that may increase the severity of the penalty.
Other potential penalties for assault offences in Queensland include a fine, community service order, probation or an intensive corrections order.
For more information about assault charges, see Assault Offences.
Are there any legal defences to domestic violence charges?
Yes, there are legal defences available in many domestic violence matters. Defences may include provocation, self-defence, accident, emergency and more.
Donnelly Law Group’s specialist domestic violence lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
How much does Donnelly Law Group charge for legal defence in domestic violence matters?
A lot of people believe that they cannot afford to hire a domestic violence lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
