On 18th March 2024, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 [Act No. 5 of 2024] (‘The Act’) was assented to. In summary, the Act will amend legislation across Queensland in three phases. The Act amends the following pieces of legislation:
The Act implements a range of recommendations due to multiple inquiries, including the Hear her Voice reports from the Women’s Safety and Justice Taskforce, the Commission of Inquiry into the Queensland Police Service, and the Royal Commission into Institutional Responses to Child Sexual Abuse.
As you can see, there are many changes to come. The main objective is to change the experience of victim-survivors (mostly girls and woman) who go through the police and court system, ensuring they are treated with respect and dignity. These changes are aimed at updating legalisation to better reflect community expectations, standards and to minimise risk to victim-survivors.
These new amendments will bring Queensland in line with other States and countries. It is important to be aware of these changes as it may directly impact you. The first phase has already been implemented.
On 23rd September 2024, phase one was rolled out across the state. This phase amended the laws surrounding consent, the defence of mistake of fact, improper questions during a sexual offence proceeding, reporting child sex offences and stealthing. Stealthing means that during intercourse both parties must consent to the removal or none use of contraceptives.
The Act also amended the Domestic and Family Violence Protection Act 2012 that a court must (no longer discretionary) consider the making of a Temporary Protection Order if a Protection Order Application is adjourned. However, this was already the general practice in most courts.
On 3rd February 2025, the Sexual Offence Expert Evidence Panel will be implemented which will allow experts to give relevant evidence in sexual violence proceedings in Brisbane and Townsvile.
Once established, an expert to give relevant evidence about a defendant’s cognitive and/or mental health impairment at the time of the alleged offence and if that was a substantial cause of the person not saying or doing anything to ascertain whether the other person consented to the sexual act.
An expert will also be able to give evidence about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence as requested by the prosecution, defence, or court.
On 26th May 2025, coercive control will be a criminal offence in Queensland (‘Coercive Control’). This means any behaviour that amounts to coercive control from 26th May 2025 onwards, can amount to a criminal offence. The maximum penalty for this offence is 14 years. If sentenced, this will be considered to be a serious offence by the courts who will assess the person’s background, the offending, impact on the victim-survivor and other factors.
Coercive Control laws mean it is illegal for a person over 18 years old to commit behaviour which amounts to a pattern of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor who is a current or former intimate partner, family member, or informal (unpaid) carer with the intention to control or coerce them.
Thus, you can be charged with Coercive Control if there is no current Temporary or Final Protection Order in place. This it is unliked the charge of contravention of a domestic violence order which requires a condition of a Protection Order to have been breached.
It is likely a person could be charged with multiple criminal offences for same act which amounts to Coercive Control.
From 26th May 2025, it will also be a criminal offence to behave in a manner which would breach or assist the respondent to breach a Protection Order or a Police Protection Notice. In essence, a person does not need to be named on a Protection Order to be charged with breaching a condition.
For example, it would be illegal for a family member or friend to call the aggrieved and intimidate or belittle them with regard to the respondent or related circumstances. It would also be illegal for a third party (e.g. private investigator) to monitor an aggrieved or named person. This has its own implications which will not be discussed in this article.
The maximum penalty of a fine of 120 penalty units or 3 years imprisonment for this offence.
In Elysian Law’s experience, the new offence of aiding a respondent to breach an order may come as a surprised to some people as often family members think a loved one needs protection and often family law matters are closely linked to domestic and family violence matters, making them emotionally volatile proceedings.
You should still make a complaint to the Queensland Police Service. The same behaviour which amounts to coercive control can also be an act of domestic violence thus, you have the right to seek a Protection Order.
Also, there may be other relevant criminal charges a person could be charged like wilful damage, stalking or common assault to name a few.
If you have issues with making a police complaint, please call us at Elysian Law for support. If the police will not seek a Protection Order from the courts, we can file a private application on your behalf.
It is difficult to predict how the judiciary and the police will implement these new amendments and how effective they will be. Often it is only when a case is appealed, guidance regarding definitions and the legal tests are defined which gives detailed clarity. However, come May 2025, the criminal space in Queensland will be evolving given how wide some of the new laws are drafted.
To read about the Act in greater detail, please refer to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023.
At Elysian Law, we understand that Domestic Violence Orders (DVOs) play an important role in ensuring the safety of individuals in domestic and family situations. However, there are times when a DVO may be issued under circumstances that do not fully reflect the reality of the situation. If you believe a DVO has been unfairly issued against you, immediately contact our team at Elysian Law to help you through the process of contesting an order. Our team has over 30 years of combined experience, providing clients with empathetic and tailored legal support in domestic and family violence cases.
In Queensland, domestic violence is not a single charge - it is a classification applied to a wide range of criminal offences. That classification changes everything: how seriously the court treats the offending, what goes on your criminal history, and for visa holders, whether you stay in Australia.
This article explains which charges can carry the domestic violence classification, what the consequences are, and includes a real case from our practice where our client faced deportation - and we achieved a no conviction recorded outcome.
Elysian Law recently represented a client charged with unlawful stalking and wilful damage - both classified as domestic violence offences. He was on a holiday visa and faced deportation if convicted. We achieved a no conviction recorded outcome. Read the full case study below.
In Queensland, domestic violence is not a single standalone charge. It is a classification - applied to a range of criminal offences when those offences are committed within a domestic or family relationship.
Under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence can include physical, emotional, psychological, financial harm, and property damage.
The relationship between the parties is what determines whether the classification applies. It covers:
Once an offence is classified as domestic violence, it becomes a mandatory aggravating factor under section 9(10A) of the Penalties and Sentences Act 1992 (Qld) Courts must treat the domestic violence context as increasing the seriousness of the offending. This is not discretionary - it is a legislative requirement.
Client details in this case study have been de-identified to protect confidentiality. The matter is published for the purpose of illustrating how Queensland courts approach domestic violence charges in similar circumstances.
Elysian Law recently represented a client charged with both wilful damage under s 469 of the Criminal Code (Qld) and unlawful stalking under s 359B of the Criminal Code (Qld). Both were classified as domestic violence offences under the Domestic and Family Violence Protection Act 2012 (Qld).
Our client was not an Australian citizen. He was in Queensland on a holiday visa and had commenced a relationship that ended after a few months.
Unable to accept the end of the relationship, he attended her home regularly throughout the week - leaving flowers, chocolates, and handwritten letters at the door.
This conduct formed the basis of the unlawful stalking charge.
After several weeks, the woman opened the door and told him there was no prospect of reconciliation. He placed his foot in the doorway to stop her from closing it, causing damage to the door.
That was the basis of the wilful damage charge.
Why the DV Classification MatteredBoth charges were classified as domestic violence because the conduct arose from a former intimate relationship. Under s 9(10A) of the Penalties and Sentences Act 1992 (Qld), this meant the court was required to treat both charges as more serious than equivalent offences committed outside a domestic context.
The stakes were significant. A sentence of imprisonment carried with it a real risk of visa cancellation under the character provisions of the Migration Act 1958 (Cth) - which could have affected our client's ability to remain in Australia, though outcomes in migration matters are never guaranteed.
The StrategyOur client came to us early - and that proved critical. Elysian Law's approach included:
The court considered our client's youth, the absence of any prior criminal history, the short and early-stage nature of the relationship, and evidence that heavy intoxication had been a contributing factor at the relevant times.
The OutcomeThe court accepted our submissions and found the offending was out of character.
Our client was sentenced to a probation order under s 91 of the Penalties and Sentences Act 1992 (Qld) and a restraining order for 12 months. No conviction was recorded pursuant to s 12 of the Penalties and Sentences Act 1992 (Qld).
The probation order included conditions for counselling to address the underlying issues. He retained his visa and was permitted to remain in Australia and continue working.
A door damaged in a moment of poor judgment. Persistent attendance at a former partner's home. Both classified as domestic violence - and our client facing real consequences for his visa and employment.
Thorough preparation, an early guilty plea, and the right material placed before the court changed everything. No conviction recorded under s 12. Visa retained.
The earlier you seek advice, the more options you have.
Several criminal offences can carry the domestic violence classification when committed within a qualifying relationship. In Queensland, charges that can be classified as domestic violence include:
The table below sets out each charge type, the relevant court, and the maximum penalties.
| Charge Type | Court | Maximum Penalty |
|---|---|---|
| Common Assault | Magistrates Court | 3 years imprisonment |
| Assault Occasioning Bodily Harm | District Court | 7 years imprisonment |
| Grievous Bodily Harm | District Court | 14 years imprisonment |
| Choking / Strangulation / Suffocation | District Court | 7 years imprisonment (proposed increase to 14 years — see below) |
| Sexual Assault | District Court | 10 years imprisonment |
| Rape | Supreme Court | Life imprisonment |
| Unlawful Stalking | Magistrates / District Court | 5 years imprisonment |
| Wilful Damage | Magistrates Court | 5 years imprisonment |
| Breach of DVO | Magistrates Court | Up to 5 years (prior DV in 5 yrs) |
| Coercive Control (from 26 May 2025) | District Court | 14 years imprisonment |
Physical assault - hitting, slapping, pushing, or any physical harm - is one of the most common charges in domestic violence matters.
Penalties range from common assault through to grievous bodily harm, depending on the severity of injury and the offender's prior criminal history.
This offence was introduced in Queensland in 2016 under s 315A of the Criminal Code. It currently carries a maximum of seven years imprisonment and is ordinarily finalised in the District Court.
This is an actively developing area of law. A bill has been introduced to parliament proposing to increase the maximum penalty to 14 years imprisonment. The Queensland Law Reform Commission is also reviewing whether such matters could be dealt with in the Magistrates Court. The current position may change.
If a sentence is imposed, imprisonment is typically the outcome unless there are exceptional circumstances. Legal advice is essential if you have been charged with this offence.
Sexual assault and rape committed within a domestic relationship are classified as domestic violence offences.
Rape carries a maximum of life imprisonment. The defences available are complex and turn heavily on the specific circumstances of the incident.
Unlawful stalking includes monitoring movements, repeatedly attending someone's home, or persistently contacting a person against their wishes.
Intimidation - threats intended to instil fear - can also result in criminal charges. Stalking can also involve patterns of isolation that compound the harm to the victim. As our case study above demonstrates, conduct that appears persistent rather than violent can still carry a real risk of imprisonment.
Deliberately damaging or destroying a partner's or family member's property is a criminal offence commonly classified as domestic violence.
This includes smashing phones or computers, breaking household items, or damaging a vehicle. The maximum penalty for wilful damage under the Criminal Code (Qld) is five years imprisonment. Even apparently minor damage - such as a damaged door - carries significant consequences when the DV classification applies.
Emotional and psychological abuse does not carry standalone criminal charges.
However, it is regularly considered as context at sentencing and when assessing the nature of the relationship. It can affect the severity of penalties imposed for related charges.
Any contravention of a DVO - including committing any of the acts described above, or breaching specific order conditions - is a separate criminal offence.
Maximum penalties are 5 years imprisonment (with a prior DV offence in the last 5 years), or 3 years in all other cases. For a detailed overview, see Go To Court's guide to DVO breaches in Queensland.
Even if the aggrieved person consents to contact or invites the respondent to their home, the respondent can still be charged with a breach.
Do not breach an order regardless of what the other party says. The protection order still applies.
The offence of coercive control came into effect in Queensland on 26 May 2025 as part of the Criminal Code.
It applies where an adult in a domestic relationship engages in a pattern of coercive or controlling conduct that would reasonably be likely to cause harm. The maximum penalty is 14 years imprisonment. If you are facing any domestic violence related charge, contact Elysian Law for advice.
The consequences of domestic violence charges vary based on the specific offence and circumstances. At sentencing, courts may impose a range of orders.
Courts also have the power to issue or amend a Domestic Violence Order at the time of sentencing - including varying the conditions of any existing protection order.
A conviction for a domestic violence offence is recorded on criminal history as a DV offence.
This matters well beyond the immediate penalty. It can affect:
If you are not an Australian citizen and are convicted of a serious criminal offence resulting in imprisonment, you may face visa cancellation and deportation under the Migration Act 1958 (Cth).
This applies to all visa types - including holiday and temporary work visas. The case study earlier in this article is a real example of how this risk materialises and how it can be avoided with the right legal strategy.
A question we regularly encounter is whether a victim of domestic violence can themselves be charged with an offence.
In some circumstances, yes. A victim may act in self-defence or retaliate, potentially leading to charges of assault or property damage. Courts may consider self-defence or mistake of fact when assessing these circumstances.
There is an important distinction to understand. An aggrieved person cannot be charged if they assisted a respondent to breach a protection order - for example, by inviting them to their home.
However, the respondent remains criminally responsible for any breach, even where the aggrieved consented. If you find yourself in this situation, seek legal advice immediately.
Elysian Law has extensive experience defending individuals in these complex circumstances - ensuring the full context of a person's actions is placed before the court.
Domestic violence is a classification applied to offences committed within a domestic relationship - not a standalone charge.
It includes assault, choking or strangulation, sexual offences, unlawful stalking, wilful damage, breach of a DVO, and the offence of coercive control (from 2025).
Yes - unlawful stalking can be classified as a domestic violence offence in Queensland when it arises from a former or current intimate relationship.
This includes repeatedly attending someone's home, monitoring their movements, or persistently making contact against their wishes. It is a serious charge that can attract a sentence of imprisonment.
Yes - a no conviction recorded outcome is possible for a domestic violence offence in Queensland, even where the DV classification applies.
Courts have discretion under the Penalties and Sentences Act 1992 (Qld). Factors that support this outcome include an early guilty plea, no prior criminal history, demonstrated remorse, strong character references, and compelling evidence the offending was out of character. The case study on this page is a real example of this outcome being achieved.
A domestic violence conviction can affect your visa in Australia if you are not an Australian citizen and receive a sentence of imprisonment.
Under the Migration Act 1958 (Cth), a custodial sentence for a serious criminal offence can trigger visa cancellation and deportation. This risk applies to all visa types, including holiday and temporary work visas. Early legal advice is critical to protecting your status.
In some situations, yes - for example, if a victim acted in self-defence and faces assault or property damage charges. Courts may consider self-defence or mistake of fact.
An aggrieved person cannot be charged for assisting a respondent to breach a protection order. However, the respondent remains liable for any breach even if the aggrieved consented to contact.
If convicted of an offence classified as domestic violence, your criminal history will note it as a DV offence.
This can affect future employment, travel, and may be relied upon in protection order applications and family law proceedings.
As our case study demonstrates, early legal advice and thorough preparation can make a significant difference - including avoiding conviction entirely and protecting your visa. At Elysian Law, we provide compassionate, experienced representation for those facing domestic violence charges across Queensland.
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Going through a divorce can be emotionally challenging. At Elysian Law, we understand the stress involved and are committed to guiding you through the process with clear and compassionate legal advice. Our team of experienced divorce lawyers ensures your rights are fully protected while addressing your unique personal needs.
Parenting orders are legally binding agreements issued by the Federal Circuit and Family Court that determine arrangements for the care of children. At Elysian Law, we focus on helping families create secure, fair, and workable arrangements, ensuring the child’s best interests are prioritised. Our experienced team supports clients through this complex process with compassion, especially in cases involving domestic and family violence violence or disputes.
Domestic and Family Violence in Queensland operate under the Domestic and Family Violence Act 2012 (‘Act’). The legislation and proceedings interact in both the criminal space and civil space (for example family law).
There are a number of reasons why you should engage a lawyer who specialises in Domestic and Family Violence and Family Law to assist you with your matter, over a criminal or family lawyer.
The first reason is if you are charged with a criminal offence including breach/contravene a protection order assault charge, choking or strangulation charges you could be facing a term of imprisonment and a conviction which could jeopardise your employment or travel prospects.
If you have domestic and family violence allegations and family law proceedings or intending to pursue them, any allegations of domestic and family violence can be used against you in your parenting matter or property settlement which will determine final orders the court can make.
Domestic violence allegations can affect your family law proceedings, and it is important you have a domestic and family violence lawyer to assist you to navigate this process. It is important that your rights are protected and that you receive the best outcome possible. Having a lawyer that understands both the criminal and civil aspects of domestic and family violence law is imperative.
Domestic and family violence proceedings are not always criminal matters and nor are they always family law proceedings, however when dealing with both areas it is important to get the proceedings right at the very beginning to protect you now and in the future. If you or a member of your family is currently suffering some form of domestic and family violence, navigating the criminal and or the family law space, there are steps you can take to ensure you receive the best outcome and keep everyone protected. You should engage a Domestic and Family Violence Lawyer who has proven experience in this area of law to ensure you receive the best outcome. Contact Elysian Law today.
Both areas of law (criminal and family law) are different and contrasted, however, with the recent amendments to the Act , a person’s domestic and family violence history are admissible in future protection order applications, criminal and family law matters. Therefore, you should have a lawyer experienced in this particular area of law.
This area of law is complex and evolving regularly, amendments to the Act often has a flow on affect in other legal spaces including, family and criminal law and in more recent times employment law.
Elysian Law has experience representing people in serious criminal charges relating to domestic and family violence, such as assault, choking, strangulation and contravention of domestic violence protection order. As well as family law matters where domestic and family violence allegations are prevalent or alleged. We also have extensive experience representing people in domestic and family violence proceedings alone.
The offence of contravention of a domestic violence order or sometimes referred to as a “DVO breach” refers to contravening court ordered conditions in a Domestic Violence Order (‘DVO’). DVOs are made by a court to protect individuals from domestic and family violence. When a condition or the order is not complied with, it is a criminal offence. Examples of actions that can lead to someone being charged with the offence may include contacting the aggrieved person when the DVO prohibits contact, going to places where the aggrieved is when prohibited, or not being of ‘good behaviour’ towards the aggrieved.
If you are accused of breaching a DVO, it’s important to understand the severity of the situation and seek immediate legal advice to protect your rights. Contact Elysian Law for immediate legal advice.
A subpoena is a legal document that orders a person to appear in court, recount their version of events, or produce evidence relevant to a case. Subpoenas are commonly used in both criminal and civil cases to ensure that essential information is available to the court. In domestic and family violence proceedings, this is often someone’s counselling notes or records, hospital reports, school reports or any other information that may seem relevant to the proceedings. If you have been served with a subpoena to attend or produce documents, it is important to understand your legal obligations and rights, as failing to comply with the conditions of a subpoena can result in penalties.
At Elysian Law, if you are a person who has experienced domestic and family violence and have been ordered to produce private and confidential documents (such as counselling notes) we are here to help you understand what a subpoena is and guide you through the process.
If you have been served with a subpoena, contact Elysian Law immediately for expert legal advice.
At Elysian Law, we understand the Court process in relation to the Domestic and Family Violence Protection Act 2012 which can be overwhelming and daunting, it is important to have trusted legal representation to guide you through the process and explain the court procedure and your matter as thoroughly as possible. At Elysian Law it is important to us, that people facing domestic violence allegations feel empowered in their matter and make decisions based on trust and expertise.
Have you recently been served an application for a protection order? Or wishing to have an order made against someone perpetrating violence? Immediately contact Elysian Law to help guide you through the legal process.
If a person is experiencing domestic violence abuse, they can apply to the court for a protection order. Protection orders aim to protect parties (including children) who have been subject to domestic violence against any future acts of domestic violence.
Under Queensland’s Domestic and Family Violence Act 2012 (the Act), an application for a protection order can only be made by:
There are three elements that the court must be satisfied of before making a protection order. These are:
The first element is that the court must be satisfied that a relevant relationship exists between the aggrieved and the respondent. There are three types of relationships defined under section 13 of the Act which are:
Under each of these, the legislation provides particular examples and further categories.
An “intimate personal relationship” includes a spousal relationship, an engagement relationship and a couple relationship.
A family relationship exists between 2 persons if 1 of them is or was a relative of the other (s19(1)).
Examples of an individual’s relative include a spouses’ child, step-child, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt in law.
An informal care relationship requires one person to be or to have been dependent on another person, a carer, for help in an activity of daily living such as dressing or personal grooming, preparing or assisting a person eating meals, shopping for a person’s groceries, or telephoning to make medical appointments for a person (s20(1)).
Section 8 of the Act defines acts of Domestic violence as behaviour that is:
The third element that the court must be satisfied of when making a Domestic Violence Order is that the order is necessary or desirable to protect a person from future domestic violence (s37(1)(c).
The court has extensively considered the element of whether “a protection order is necessary or desirable.
In MDE v MLG & Queensland Police Service[1] Judge Morzone QCE DCJ expressed the view that the third element of whether “the protection order is necessary or desirable to protect the aggrieved from domestic violence” requires a three-stage process supported by a proper evidentiary basis;
When a Court makes a protection order, the order will be in place for 5 years (the standard duration) unless the court otherwise orders.
Under recent federal changes to the Domestic Violence provisions, any Protection Order that is made in Queensland (or other states) will be nationally recognised in all Australian states and territories, as well as in New Zealand. This means that if an order is put in place in another state such as Victoria, and the order is breached in Queensland, the breach will still constitute a criminal offence.
A Domestic Violence order can also affect the respondent’s ability to hold a weapons licence and your eligibility to possess a firearm. This could be detrimental if a weapon is required for employment (eg. members of the Australian Defence Force or Queensland Police Service).
If you are experiencing Domestic Violence in a relationship or are a named party in a Domestic Violence Application, it can be helpful to get legal advice to understand your rights and options moving forward. Being proactive and seeking this assistance as soon as possible will allow us to start working on the best possible outcome for you.
Contact us today to speak with an experienced Domestic and Family Violence solicitor.
[1] [2015] QDC 151.
Domestic and family violence involves a range of behaviours used by one person to exert power and control over another with whom they have, or have had a close relationship. In Queensland, domestic and family violence is recognised not only as physical abuse but also includes emotional, financial, isolation, and sexual abuse. It can also involve coercive behaviour that causes a family member to feel controlled or fearful. It can include continuous missed calls, name calling or describing how another person parents etc. There is no one clear and absolute definition of what acts and behaviour will amount to being an act of domestic and family violence. If contested, a Magistrate will look at the whole unique circumstances of each case, the nature of the relationship and the intention behind the act before they determine if the act to be one that is domestic and family violence.
Queensland’s legal system addresses domestic and family violence through the Domestic and Family Violence Protection Act 2012. This Act defines domestic and family violence and outlines the legal remedies available to protect victims, including the issuance of protection orders and conditions. The law aims to provide safety and protection for victims and their families, ensuring swift and effective legal responses to incidents of domestic and family violence.
In Queensland, individuals can apply for a Domestic Violence Order (‘DVO’), which serves to protect them by restricting the offender’s behaviour. The conditions may prohibit the offender from approaching the victim at home, at work, or within their community. Additionally, Queensland offers various support services, including counselling, legal aid, and emergency accommodation, to help victims of domestic and family violence navigate their circumstances safely and securely.
