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.
The offence of contravening a domestic violence order (section 177 of the Domestic Violence and Family Protection Act 2012 (Qld)) is punishable by imprisonment of three years or five years if a person has a history of contravening a Protection Order (repeat offender).
Being charged or convicted of contravening a protection order may affect your current or future employment, travel, and family law proceedings. At Elysian Law, if you are charged with an offence of contravention of a protection order, we will help you navigate the criminal justice system and work to mitigate the impact these matters may have on your personal and professional future.
In Queensland, when a breach of DVO is reported, police often take immediate action. They will investigate the alleged breach and gather evidence. If the risk is considerable to the aggrieved, the police may arrest you and object to your bail. If your bail is objected to, you will appear in the local Magistrates Court as soon as possible to have the criminal charge/s mentioned. You may apply for bail. It is critical that you, a family member or a friend arrange an experienced lawyer as soon as you are charged in this area of law, the considerations and tactics are complex. For instance, if charged with breaching a DVO, you will be in a Show Cause position (presumption your bail should be refused) and you will only have one opportunity to apply for bail.
Having experienced legal representation is crucial. A lawyer can help you understand the specific charges, gather evidence in your defence, and represent your case in court to mitigate the effects. At Elysian Law, we specialise in defending individuals accused of contravention of domestic violence protection orders and will work to ensure that your rights are protected throughout the legal process.
If you have been accused of contravening a protection order in Queensland, it is important to know that you have the right to defend yourself against these allegations. Defences against the charge may include proving that you were not made aware of the DVO, the evidence does not sufficiently prove the incident occurred, or the act does not amount to a contravention of the order. This can be complex if you have been charged with other associated offences such as choking/strangulation, assault or property damage.
At Elysian Law, we assess the details of your case, review the evidence, and build a strong defence strategy tailored to your circumstances. Whether this is your first charge or you are facing repeat charges, our goal is to help you achieve the best possible outcome.
If you’ve been accused of contravening a domestic violence order, the first step is to:
Contacting our team at Elysian Law will give you access to experienced lawyers who can explain your options and guide you through the next steps.
By addressing the situation quickly, you can minimise the legal consequences and ensure that your case is handled professionally. We are here to support you every step of the way. Contact Elysian Law today for your DVO breach.
Being a respondent means that a protection order application has been filed at a court or a protection order has been made naming you as a respondent. This means that a person has made an allegation you have committed an act or acts of domestic and family violence. As a respondent, you may be subject to conditions set by the court, which are designed to prevent future incidents of domestic and family violence.
It is important to get legal advice as soon as an application has been served on you to mitigate the outcome. Please be aware at the first court mention, the court must consider whether to impose a temporary protection order and if so, the conditions. Elysian Law has successfully argued against any protection orders being imposed from the outset due to unjust applications. If a temporary protection order is imposed and a condition is breached, it is still a serious criminal offence.
When an application is filed, it is typically heard in court right away, and a temporary protection order is issued while waiting for your final protection order to be determined. This temporary order or police protection notice may include conditions that limit or restrict your ability to contact the aggrieved and/or named persons such as other family members or children. If you do contact the person and breach a condition, it is a criminal offence.
It is crucial to fully understand these specific conditions to avoid any potential criminal charges. Many people unknowingly breach protection orders simply because they don’t realise what behaviours constitute an act of domestic and family violence.
We also strongly advise you not to contact any relevant person or witness as it may be used as evidence against you in court.
That’s why it’s so important to contact Elysian Law. We’re here to help you understand and comply with your new order, ensuring you understand your rights.
If you disagree with a protection order application, you have the option to contest it. This involves appearing in court and presenting evidence to argue that either the application does not meet the legal requirements or that the allegations are false.
It’s strongly advised to seek legal representation to ensure that your case is presented effectively, your rights are protected and you understand other legal implications such as your evidence being used in other proceedings like family law.
In Queensland, a protection order lasts for a duration set by the court, which is often five years. However, this duration can vary depending on the specifics of the case and the level of risk assessed by the court.
Yes, a protection order can have an extended end date or be renewed if there is an ongoing risk of domestic and family violence and the court determines it is necessary. To extend the order, an application must be made before the current protection order expires, providing evidence to support the need for an extension. This ensures continued protection for those at risk.
Breaching a protection order is a serious criminal offence, and depending on the specifics of the breach and your personal history, it can result in a range of penalties, from fines to imprisonment. Courts take breaches very seriously. For a first breach, a sentence of up to 3 years imprisonment can be imposed, and for a second breach, this increases to 5 years imprisonment. Additionally, upon conviction, the courts can amend the conditions of the protection order.
It’s crucial to seek legal advice immediately if you’re accused of breaching a protection order. At Elysian Law, we can help you understand the charges against you, prepare your case for the best possible outcome, and provide essential representation in court. We’re here to support you every step of the way.
The conditions of a protection order can be amended by the court if justified. To request a change, an application must be filed with the court, along with supporting affidavits and materials explaining why the change is appropriate under the circumstances. If the application is contested, it will proceed to a hearing, which can be quite complex.
Legal assistance is crucial in effectively navigating this process. At Elysian Law, we provide the expertise and support needed to guide you through each step, ensuring your case is presented clearly and effectively.
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Representing The Aggrieved