A respondent must comply with every condition of a Domestic Violence Order in Queensland. Breaching a DVO is a criminal offence and may result in arrest, a criminal charge, a fine or imprisonment.
Importantly, contact may still constitute a breach even if the protected person contacts you first, invites you to meet or agrees that you can communicate.
This guide explains how respondents can avoid common and sometimes unintended breaches.
What is a domestic violence order breach?
A domestic violence order breach occurs when a respondent contravenes a condition of an enforceable:
- Domestic Violence Order;
- Temporary Protection Order;
- Police Protection Direction;
- Police Protection Notice; or
- recognised interstate domestic violence order.
An order can become enforceable before the respondent receives a physical copy. For example, it may become enforceable when it is made in the respondent’s presence, served on the respondent or explained to the respondent by police.
The protected person does not breach the order by contacting the respondent. The legal obligation to comply rests on the respondent.
What conditions must a respondent follow?
The exact conditions differ between orders. Every page of the order should therefore be read carefully.
Conditions may require the respondent to:
- be of good behaviour and not commit domestic violence;
- have no contact with the protected person;
- stay away from the protected person’s home or workplace;
- remain a specified distance away;
- leave and not return to a shared residence;
- avoid approaching or contacting named children or relatives;
- refrain from locating, following or monitoring the protected person; or
- comply with restrictions concerning weapons.
Keep a copy of the order and save a clear photograph of every page on your telephone. Do not rely on your memory or another person’s description of its conditions.
Can I respond if the protected person contacts me first?
Not necessarily.
If the order prohibits contact, replying may constitute a breach even when the protected person initiated the conversation. The protected person cannot privately cancel the order or give you permission to disobey it.
Do not assume contact is permitted merely because the protected person:
- calls or messages you first;
- invites you to their home;
- asks to meet;
- wants to reconcile;
- says that the order no longer matters; or
- promises not to report the contact.
Unless the communication is clearly permitted by the order, do not respond. Save the communication and obtain legal advice.
Does indirect or social-media contact count?
It may. A respondent should not attempt to avoid a no-contact condition by communicating indirectly.
Depending on the wording of the order, prohibited conduct may include:
- asking a friend or relative to deliver a message;
- using a child to communicate with the protected person;
- contacting the person through a different telephone number;
- using another person’s social-media account;
- sending gifts or letters;
- tagging or mentioning the protected person online;
- commenting on or reacting to their social-media content; or
- publishing material intended to attract their attention.
Using another person or account does not necessarily make the communication lawful.
What should I do if I see the protected person unexpectedly?
If you unexpectedly encounter the protected person:
- remain calm;
- do not approach, argue or confront them;
- leave immediately if it is safe to do so;
- do not remain to explain what happened; and
- record the time, location, witnesses and circumstances.
If the person approaches or speaks to you, avoid engaging in conversation unless the order clearly permits it. Move away safely and obtain legal advice if necessary.
Call 000 if anyone is in immediate danger. For non-urgent police assistance, contact Policelink on 131 444.
Can I contact the protected person about our children?
Only if the order permits that contact.
A DVO may contain an exception for communication about children, parenting arrangements, mediation, legal proceedings or communication through lawyers. Any exception must be followed precisely.
Safer communication arrangements may include:
- communication between lawyers;
- an approved parenting communication platform;
- a permitted third-party intermediary;
- supervised changeovers; or
- a neutral child-handover location.
Do not assume that a parenting agreement or family-law arrangement automatically overrides a DVO. Obtain legal advice if the two sets of arrangements appear inconsistent.
Can I return home or collect my belongings?
Do not return to a prohibited address unless the order clearly authorises it.
An ouster condition may prevent you from entering a property even if you own, rent or normally live there. This may include returning briefly to collect clothing, medication, documents, a vehicle or work equipment.
Ask your lawyer or police about arranging a lawful property collection.
What if the order is unclear or no longer practical?
Continue complying with the existing order unless and until it is formally varied or revoked.
A verbal agreement, text message or reconciliation does not change the order. A respondent may need legal advice about applying to vary conditions concerning:
- communication about children;
- parenting changeovers;
- collecting belongings;
- living arrangements;
- shared workplaces;
- attending family or community events; or
- financial and legal matters.
What should I do if I am accused of breaching a DVO?
Treat the allegation seriously and obtain criminal-law advice promptly.
Do not contact the protected person to discuss the allegation, ask them to withdraw it or agree on what should be said to police. Do not delete messages, call records or other potentially relevant information.
Preserve:
- the complete message history;
- call logs and voicemails;
- photographs and videos;
- location records;
- receipts;
- witness details;
- relevant social-media records; and
- the order that applied at the time.
You should obtain legal advice before participating in a formal police interview. If you are granted bail, comply with every bail condition as well as every condition of the DVO.
Frequently asked questions
Is breaching a DVO a criminal offence in Queensland?
Yes. Although making a DVO is generally a civil proceeding, contravening an enforceable DVO is a criminal offence.
Can I breach the order if the protected person agrees to see me?
Yes. Their agreement does not override the order. Unless an exception applies, the respondent must continue complying with its conditions.
Is sending one text message a breach?
It may be. A single message can constitute a breach if the order prohibits direct or indirect contact.
Can the protected person withdraw the DVO?
The protected person cannot privately cancel it. An order remains enforceable unless it expires or is formally varied or revoked through the appropriate legal process.
What happens if the breach was accidental?
The circumstances and available evidence will be important, but you should not assume an accidental breach will simply be ignored. Leave the situation safely, preserve the evidence and obtain legal advice promptly.
Can I ask a family member to contact the protected person?
Not if doing so would contravene the order. Indirect communication through relatives, friends or children may constitute a breach.
The safest rule
Do not contact, approach or respond unless the order clearly permits it. If you are uncertain, obtain legal advice before acting.
Law Lawyers & Associates assists respondents in Brisbane and throughout Queensland with Domestic Violence Order proceedings, alleged DVO breaches and applications to vary protection orders.
Contact Law Lawyers & Associates for advice about your circumstances.
This guide contains general information about Queensland law and does not constitute legal advice. Every order is different and should be considered according to its precise wording.