At Guest Lawyers, we have expertise dealing with a number of complex domestic violence charges. We regularly act for individuals facing charges relating to domestic violence, including breaches of Domestic Violence Orders (DVOs). If you’ve been issued with a DVO or are involved in a related matter, we’re here to provide clear legal guidance. Below, we explain what a DVO is and what happens if you breach a DVO in Queensland.
What is a DVO?
A DVO (Domestic Violence Order) is a legal order made by the court to protect individuals who are victims of domestic violence. The terms of a DVO vary depending on the situation, but they are governed by the Domestic and Family Violence Protection Act 2012 (Qld).
DVOs can also extend protection to others impacted by the respondent’s behaviour—such as children, relatives, or the victim’s new partner. A full list of those who can be protected is outlined under Section 24 of the Act.
In urgent situations, the court may issue a Temporary Protection Order (TPO) before deciding whether a full DVO is necessary.
Who Can Obtain a DVO?
There are no limitations on who can apply for a DVO. Anyone who is experiencing acts of domestic violence within a relevant relationship is able to apply for a DVO. Individuals can either apply themselves or ask one of the following to apply for them:
- Legal counsel or family lawyer,
- Police officer, or
- A relative, or
- Close friend
Applications can be made in person at a Magistrates Court, mailed in, or completed online through the Queensland Courts website.
What Constitutes a DVO Breach?
A breach of a DVO occurs when the respondent fails to comply with any condition in the order. This can include a wide range of behaviours such as:
- Committing any act of domestic violence against the aggrieved or another protected person
- Breaching a “no contact” condition by:
- Calling, messaging, emailing, or otherwise directly contacting the aggrieved
- Contacting the aggrieved’s friends or family to locate them
- Using a third party to make contact on their behalf
- Entering an exclusion zone or prohibited location such as:
- The aggrieved’s home
- Their place of work
- Locations they frequent (e.g. a gym or school)
- Following, stalking, or surveilling the protected person
Even unintentional contact or technical breaches can be treated seriously if they violate the specific terms of the DVO.
What Happens If You Breach a DVO In QLD?
Breaching a DVO is a criminal offence under Section 177 of the Domestic and Family Violence Protection Act 2012. If you breach a DVO in Queensland, you may be:
- Charged and prosecuted in the Magistrates Court
- Subject to immediate arrest
- Issued with a criminal conviction
Maximum Penalties (values as of July 1 2025):
- First offence: Up to 3 years’ imprisonment or a fine of 120 penalty units (approx. $20,028)
- Second/subsequent offence within 5 years: Up to 5 years’ imprisonment or a fine of 240 penalty units (approx. $40,056)
Despite these maximum penalties, recent data shows many offenders still receive non-custodial sentences, such as fines under $500. However, Queensland courts and police are now under increased scrutiny to take breaches more seriously—especially where repeated or involving coercive control.
Recent Legislative Developments
Criminalisation of Coercive Control
From May 2025, coercive control is now recognised as a standalone criminal offence in Queensland with penalties of up to 14 years’ imprisonment. This reform has reshaped how courts assess domestic violence cases and may influence DVO breach proceedings.
Police Protection Directions (PPDs)
Queensland Police now have expanded powers to issue instant, temporary protection orders (PPDs) that can last up to 12 months without court approval. Breaching a PPD carries the same penalties as breaching a court-issued DVO.
Increased Transparency
As of May 2025, accredited journalists can request de-identified transcripts of DVO-related court matters, increasing visibility and public accountability of how DVO breaches are handled.
Need Help Navigating a DVO Breach in Qld?
A DVO breach can have serious, lasting consequences—including a criminal record and prison time. If you’re facing a breach charge or struggling to understand the terms of a DVO, it’s critical to seek legal advice.
At Guest Lawyers, our experienced domestic violence lawyers can advise you on your rights, represent you in court, and help reduce the risk of harsh penalties.
We’re available 24/7. Contact us on (07) 3211 3007, email info@guest.lancemontana.dev, or book an in-person consultation today.