Breaches of
Domestic Violence Orders

A breach occurs when the respondent fails to comply with the conditions of the order. Common examples include:

• Contacting the Protected Person – This includes phone calls, text messages, emails, or social media contact.
• Approaching the Protected Person – Violating a restriction that prohibits coming within a certain distance of their home, workplace, or other specified locations.
• Threatening or Harassing Behaviour – Sending intimidating messages or attempting to intimidate the protected person in any way.
• Indirect Communication – Asking a friend or family member to pass on a message to the protected person.
• Failure to Surrender Firearms – If the DVO requires surrendering firearms or weapons, failing to do so constitutes a breach.

Even an accidental or unintentional breach can result in criminal charges. If you are accused of breaching a DVO, seeking legal advice immediately is essential.

Breaching a Domestic Violence Order is a criminal offence under the Domestic and Family Violence Protection Act 2012 (Qld). The penalties vary based on the severity of the breach and whether it is a repeat offence.

• First Offence – Fines of up to $15,480 or up to 3 years imprisonment.
• Repeat Offence (within 5 years) – Up to 5 years imprisonment.
• Aggravated Breach – If the breach involves violence or threats of harm, the penalties may be more severe.

Courts consider factors such as the nature of the breach, whether it was intentional, and any prior breaches when determining penalties. Repeat offenders face escalating consequences, including mandatory jail time for serious breaches.

If you have been accused of breaching a DVO, there may be legal defences available to challenge the charge. These include:

• Lack of Intent – If the breach was accidental or unintentional, such as a chance encounter in a public place.
• False Allegations – If the protected person made a false or exaggerated claim about the breach.
• Insufficient Evidence – If there is not enough evidence to prove beyond a reasonable doubt that the breach occurred.
• Consent from the Protected Person – In some cases, the protected person may have initiated contact; however, this is not always a valid legal defence.
• Mistaken Identity – If you were wrongly identified as the person responsible for the breach.

Each case is unique, and legal advice is crucial in determining the best defence strategy.

Being charged with breaching a DVO can have serious legal and personal consequences. At Rawlings McShane Lawyers, we provide comprehensive legal support for individuals facing these allegations. Our services include:

• Assessing the evidence and police reports to identify weaknesses in the prosecution’s case.
• Develop a strong defence strategy based on your circumstances.
• Representing you in court to challenge the charges.
• Negotiating with prosecutors to reduce penalties where possible.

If you have been charged with breaching a Domestic Violence Order, early legal intervention is essential. Contact Rawlings McShane Lawyers today for expert legal advice and representation.