Breaches of Domestic Violence Orders

A breach of a Domestic Violence Order (DVO) occurs when a person subject to such an order is alleged to have failed to comply with the conditions and restrictions specified in the order. A Domestic Violence Order is a legal document issued by the court to protect victims of domestic violence and prevent perpetrators from engaging in abusive behavior.

A Domestic Violence Order:

  1. Domestic Violence Order (DVO): A DVO is a court order designed to protect individuals who have experienced domestic violence. It can include conditions and prohibitions tailored to the specific circumstances of the case. These conditions may include orders to stay away from the victim, not to contact the victim, or not to attend certain places.
  2. Breach of a DVO: A breach of a DVO occurs when the person against whom the order is made (the respondent) violates any of the conditions or restrictions specified in the order. This violation can take various forms, such as:

a. Physical Contact: Making physical contact with the protected person when the order prohibits it.

b. Approaching or Stalking: Approaching or following the protected person in a manner that breaches the conditions set out in the DVO.

c. Communication: Making any form of communication with the protected person, including phone calls, text messages, emails, or social media contact, if prohibited by the DVO.

d. Failure to Attend Court: Not appearing in court on the specified date if required to do so by the DVO.

e. Other Contraventions: Engaging in any behavior that directly contradicts the conditions of the DVO.

  1. Penalties for Breach: Breaching a Domestic Violence Order in Queensland is a serious offense. The penalties for a breach can include fines, imprisonment, or community service, depending on the circumstances and the severity of the breach. The court will take into account factors such as the respondent's prior history of breaches and the impact on the victim when determining the appropriate penalty.
  2. Protection and Support for Victims: Queensland law prioritises the safety and protection of victims of domestic violence. Breach of a DVO is taken seriously, and victims are encouraged to report any breaches to the police immediately. Victims can also seek assistance from support services, such as domestic violence shelters and counseling.
  3. Applying for or Modifying a DVO: Victims can apply for a DVO or request modifications to an existing order if they believe additional protection is necessary. Legal assistance is available to help victims navigate the legal process.

A breach of a Domestic Violence Order involves an alleged violation of the conditions and restrictions set out in the order, designed to protect victims of domestic violence. Breaching a DVO is a criminal offense, and those found guilty may face legal consequences. If you have been accused of breaching a DVO it is imperative you contact us immediately to get the appropriate advice and assistance.


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