What is a breach of a DVO (domestic violence offence)?
A domestic violence order (DVO) can be made by a court to protect a person (the ‘aggrieved’) from acts of domestic violence by another person (the ‘respondent’). A breach of a DVO occurs when the respondent fails to comply with any of the conditions set out in the DVO. Examples of breaching a DVO can include:
- Committing any act of domestic violence such as not being of good behaviour to the aggrieved or a named person
- Violating a “no contact” condition (this includes text messages, calls, email, or messages on social media)
- Asking another person to contact or find the aggrieved or named person
- Visiting the aggrieved at their home, workplace or prohibited locations
- Contacting family or friends of the aggrieved
- Approaching within a certain distance of the aggrieved
Breaching a DVO is considered a criminal offence and is a police matter. If you have any doubts about compliance, seek legal advice immediately to ensure you understand your legal obligations.
If Police are called to attend an incident or receive a complaint of a breach of a domestic violence order they will investigate and may charge the respondent with a contravention of the order. This charge would be put before a Magistrates Court for determination.
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What are the consequences of breaching a DVO in Queensland?
If found guilty or pleading guilty to contravening a protection order (including a police protection notice or a temporary protection order), the court can impose a range of penalties, including good behaviour bonds, fines, probation, and terms of imprisonment. Our team successfully resolve matters like these daily, avoiding any terms of imprisonment and convictions being recorded.
Potential penalties for breach of a DVO (first offence)
In Queensland, breaching a domestic violence order (DVO) is a criminal offence and taken very seriously by the courts. As outlined above, there are a range of penalties a court can impose for a breach of a domestic violence order.
Violating a DVO for the first time (first breach) can attract the following maximum penalties:
- Imprisonment: Up to 3 years imprisonment
- Fine: Maximum fine of $19,356
Potential penalties for breach of a DVO (repeat offender)
In Queensland, a second or subsequent breach of a DVO is treated even more seriously by the courts.
If you have a previous conviction for breaching a DVO within the past 5 years, the maximum penalties and fines increase significantly.
- Imprisonment: Up to 5 years imprisonment
- Fine: Maximum fine of $38,712
Will a breach of DVO be added to my criminal record?
Breaching a DVO is a criminal offence and will generally be recorded on your criminal history in the same way any other recorded conviction may. However, a DVO made against you is a civil court order that will not be added to your criminal record.
Ultimately, the courts can exercise discretion and can decide whether or not to record a conviction. The courts will look at:
- Nature of offence
- Economic wellbeing
- Chances of finding employment
- Offenders character and age
If you are facing court for breaching a DVO, contact us for legal advice. Criminal convictions can appear on your criminal record and can impact your employment, travel and future. We can help you present your case professionally to the magistrate and maximise your chances of a favourable outcome.
How we can help defend DVO breaches & restore your reputation
Our dedicated legal team provides expert advice on DVO breach charges by carefully examining evidence and creating possible defence strategies. We will represent you in court to reduce penalties or have the charges dismissed. Our lawyers will also guide you on strategies to maintain or rebuild your reputation both legally and personally, we aim to ensure the best possible outcome for your case. There are courses we can facilitate you to attend which can demonstrate to the court that you are unlikely to commit further offences.
Why choose domestic violence lawyers at Donnelly Law Group?
Extensive experience handling domestic violence order breaches across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group, our team has dealt with countless matters involving alleged breaches of domestic violence orders (DVOs). We have extensive experience in domestic violence offences, breaches of DVOs and serious domestic violence matters. Our team will help you through each step of the process with confidence, ensuring you’re fully supported from start to finish.
Local expertise
With offices on the Gold Coast and Brisbane, we have a deep understanding of the local court processes and procedures in relation to domestic violence offences and DVOs. Our relationships with police, prosecutors and magistrates provide you with a strategic advantage, enabling us to navigate your matter with every legal resource at our disposal.
Personalised approach for all DVO offences to help achieve the best outcome for our clients
At Donnelly Law Group we understand that every client’s situation is unique. We dedicate our time to learn about you, your background and the specific details that led to the DVO breach. Our legal professionals will provide a defence that reflects your best interest whilst striving for the best possible result in court.
Our legal strategy for domestic violence order breaches across Brisbane & Gold Coast (QLD)
At Donnelly Law Group we provide clear communication and step-by-step guidance through every phase of the legal process. Our skilled domestic violence lawyers will review all relevant information, create potential defences and formulate a strategy for the best outcome possible. With offices on the Gold Coast and Brisbane, we are committed to delivering the best results in all DVO cases.
Initial consultation
During the initial consultation we will discuss the specifics of your situation, the allegations made and other information that could influence the case. This will provide you with realistic advice from the beginning.
Case assessment
We will assess police documents, DVOs and other relevant material in your case. Our goal is to assess all documentation and spot any errors, legal flaws or inconsistencies undermining the prosecution position.
Developing a defence strategy
Based on our findings, we will craft a personalised defence strategy for your unique circumstances. We formulate a targeted approach by negotiating with prosecutors, preparing for trial and seeking alternative outcomes that can minimise penalties.
Court representation
Our lawyers are highly experienced in all domestic violence matters, we will advocate relentlessly on your behalf, ensuring that all evidence and legal arguments are presented clearly and persuasively before the magistrate.
FAQs.
What should I do if the police want to speak to me about a DVO breach?
If the Queensland Police want to speak to you about breaching a domestic violence order, 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 lawyer for a DVO breach?
Having defended and witnessed hundreds of DVO matters in Queensland, it is apparent that defendants achieve the best possible outcome when they are represented by a lawyer who specialises in domestic violence offences.
Our DVO lawyers 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 so that you attain the best possible result.
People who do not engage the help of a DVO lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
When should I contact a DVO lawyer?
If you have been charged or suspect you are under investigation for breaching a domestic violence order, 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 breach DVO offences in Queensland?
In Queensland, the offence of breaching a domestic violence order appears under the Domestic and Family Violence Protection Act 2012.
What are the penalties for breaching a DVO in Queensland?
In Queensland, it is a criminal offence for a respondent to breach a domestic violence protection order.
If it is the first time that you have been convicted of breaching a domestic violence protection order, the maximum penalty is a fine of 120 penalty units or 3 years imprisonment.
If you have been previously convicted of breaching a domestic violence protection order (within 5 years before the current offence), the maximum penalty is a fine of 240 penalty units or 5 years imprisonment.
Contact Donnelly Law Group if you have been charged with breaching a protection order. Our domestic violence lawyers will discuss the circumstances in your matter, explain the likely penalties and fight for the best possible outcome.
Are there any legal defences to breaching a DVO?
Yes, it is possible to defend a breach of a domestic violence protection order (such as when the accused is not made properly aware of the existence of the order).
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 DVO matters?
A lot of people believe that they cannot afford to hire a lawyer for DVO matters. 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 Brisbane and 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.
