A breach of a Domestic Violence Order (DVO) happens when the respondent fails to comply with the conditions of the order. In Queensland, this is called contravening a protection order and is a criminal offence under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld).

Breaches can occur in many ways, such as contacting the aggrieved when contact is prohibited, attending places the order restricts, or engaging in behaviour that threatens, intimidates, or harasses. Importantly, even if the aggrieved appears to consent to contact, the order still applies until it is formally varied or revoked by the court.

A breach of a DVO is not about whether violence occurred — it is about failing to follow the court’s order, and the consequences can be severe. If you are accused of breaching a DVO, it is imprtant to seek urgent legal advice to protect your rights, your reputation, and your future.

Breaching a Domestic Violence Order (DVO) is a criminal offence in Queensland under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld). The maximum penalty depends on whether the respondent has a prior conviction for a domestic violence offence within the last five years:

- First breach (no prior conviction within 5 years): up to 3 years’ imprisonment or 120 penalty units.

- Subsequent breach (within 5 years of a prior domestic violence offence): up to 5 years’ imprisonment or 240 penalty units.

Because the courts treat breaches as very serious offences, a conviction can also result in a criminal record, which may affect employment, professional licences, family law proceedings, and even overseas travel.

The penalties for breaching a DVO in Queensland are severe and can have long‑lasting consequences beyond the courtroom. If you are accused of contravening a DVO, it is essential to seek immediate legal advice to protect your rights and minimise the impact on your future.

To convict someone of breaching a Domestic Violence Order (DVO) in Queensland, the prosecution must prove each element beyond reasonable doubt under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld):

- A valid order existed – either a protection order or a temporary protection order made by the court.

- The respondent knew about the order – for example, they were present in court when it was made, served with a copy, or told about it by a police officer.

- The respondent contravened a condition of the order – such as contacting the aggrieved, attending a prohibited location, or engaging in threatening or abusive behaviour.

Importantly, the police do not need to prove that violence actually occurred. It is enough to show that the respondent failed to comply with the conditions of the order.

Sidenote: Police can also issue a Police Protection Notice (PPN) in urgent situations. While a PPN is not a “domestic violence order” under section 177, breaching it is still an offence under section 178 of the Act.

Yes. While breaching a Domestic Violence Order (DVO) is a very serious criminal offence in Queensland, there are circumstances where a respondent may have a legal defence. Under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld), the prosecution must prove the breach beyond reasonable doubt. If they cannot, or if a valid defence applies, the charge may not succeed.

Possible Defences

- No knowledge of the order – the respondent was not present in court, not served with the order, and not told about it by police.

- No valid order in place – the prosecution must prove a protection order or temporary protection order existed at the time.

- No breach occurred – the alleged conduct did not actually contravene the conditions of the order.

- Mistaken identity – the respondent was not the person who engaged in the alleged conduct.

- Reasonable excuse – in limited circumstances, such as an accidental or unavoidable encounter (for example, unexpectedly seeing the aggrieved in a public place), or where the respondent was complying with another lawful obligation, such as a family law parenting order.

Important: Consent from the aggrieved is not a defence. Even if the aggrieved invited or agreed to contact, the order remains enforceable until it is formally varied or revoked by the court.

Defences to a breach of a DVO are limited but can be powerful if properly raised. The key is that the prosecution must prove every element of the offence beyond reasonable doubt. If you are charged with contravening a DVO, it is essential to seek immediate legal advice to explore possible defences and protect your rights.

Breaching a Domestic Violence Order (DVO) in Queensland is a criminal offence under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld). The courts treat breaches seriously because the law is designed to ensure that protection orders provide real and enforceable safety for the aggrieved and any children.

Legal Consequences

- Imprisonment – up to 3 years for a first breach, or up to 5 years if there has been a prior domestic violence offence within the last five years.

- Fines – up to 120 penalty units for a first breach, or 240 penalty units for a subsequent breach.

- Criminal record – a conviction for contravening a DVO will appear on your criminal history and may limit future opportunities.

Practical Consequences

- Employment and licensing – a criminal record can affect job applications, professional registrations, and security clearances.

- Family law proceedings – a breach may influence parenting arrangements and custody decisions.

- Travel restrictions – some countries refuse visas to applicants with criminal convictions.

- Reputation and relationships – being charged or convicted can cause lasting personal, social, and financial consequences.

The consequences of breaching a DVO in Queensland are serious and long‑lasting. Beyond the risk of imprisonment, a breach can damage your career, family life, and future opportunities. If you are accused of contravening a DVO, it is essential to seek immediate legal advice to protect your rights and minimise the impact.

Facing a charge of breaching a Domestic Violence Order (DVO) can be frightening and confusing. The law is strict, the penalties are serious, and the process can feel overwhelming. At Coral Coast Law, we provide the guidance, support, and strong representation you need to protect your rights.

Why Choose Coral Coast Law?

- Clear advice – we explain your rights and obligations in plain English, so you know exactly where you stand.

- Strong defence strategies – we carefully assess the evidence, identify potential weaknesses in the prosecution case, and explore possible defences such as lack of knowledge or reasonable excuse.

- Court representation – we advocate for you in court, ensuring your side of the story is heard and work to achieve the best possible outcome.

- Protecting your future – we focus not only on the immediate case but also on minimising the long‑term impact on your career, family, and reputation.

At Coral Coast Law, we know that every case is unique. We stand beside you, provide clear and practical advice, and fight for the best possible result. If you are facing a charge of contravening a DVO, we can help you navigate the process with confidence.