Breach of a Domestic Violence Order in Queensland
Domestic Violence — 2026-06-20 — by Sacha Sarah Smith, Civic Law
Charged with contravening a DVO in Queensland? What the offence involves, the penalties, and what the court considers at sentence.
You have a domestic violence order against you — a protection order or a temporary protection order — and you have been charged with breaching it. This is one of the most commonly charged offences in Queensland, and it carries serious consequences. If you have been charged with contravening a police protection notice, that is a separate offence under section 178 of the same Act with a maximum penalty of 120 penalty units or 3 years imprisonment, and much of the same practical advice applies.
The Offence
Contravention of a domestic violence order is an offence under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld). The prosecution must prove three things: that an order was in force, that you knew about it and its conditions, and that you did something that breached one of those conditions.
The most common breaches are:
Contact — sending a text message, making a phone call, emailing, or messaging through social media when the order says no contact
Proximity — going to or remaining near the aggrieved person's home, workplace, or school when the order includes a distance condition
Threatening or intimidating behaviour — verbal threats, property damage, or conduct directed at the aggrieved person
Third-party contact — getting someone else to contact the aggrieved person on your behalf, which is also a contravention
A breach does not require violence. A single text message — even one that looks harmless on its face, like a message about the children — is a breach if the order prohibits all contact. The legal question is whether you breached a condition, not whether the contact was threatening.
Penalties
The maximum penalties are:
Standard contravention: 3 years imprisonment (or 120 penalty units)
Aggravated contravention: 5 years imprisonment (or 240 penalty units) — this applies where you have been convicted of a domestic violence offence within the previous 5 years. A "domestic violence offence" is not limited to DVO breaches — it includes any criminal offence committed in a domestic violence context, such as assault, threats, stalking, or property damage
According to the Queensland Sentencing Advisory Council , around 31% of DVO contravention sentences from 2016–17 to 2023–24 resulted in a custodial penalty. The most common outcome is still a fine — but the risk of imprisonment is real, particularly for repeat contraventions or breaches involving violence.
Bail After a DVO Breach
DVO contravention is a show cause offence under section 16(3)(g) of the Bail Act 1980 (Qld) if any of the following apply:
The breach involved violence, threatened violence, or attempted violence against a person or property
You have a prior conviction for an offence involving violence within 5 years
You have a prior DVO contravention within 2 years
Show cause means the usual presumption in favour of bail is reversed — you have to show the court why you should not be held in custody. If you cannot show cause, bail must be refused. Read more about how that process works in our bail article .
In practical terms, this means you may be held overnight after arrest and must make a formal bail application the next morning. The conditions of any bail granted will typically mirror the DVO conditions — and may be more restrictive.
None
The most common defence is lack of knowledge — either that the order existed, or that what you did breached a specific condition. For this to succeed, you need to show you genuinely did not know.
This is harder than it sounds. Police serve DVOs in person and explain the conditions. You sign an acknowledgement of service. If the order was served and explained to you, arguing you did not know about it is a difficult position.
None
When the Other Person Contacts You First
This comes up constantly. The aggrieved person contacts you — calls, messages, invites you over — and you respond. You are then charged with breaching the order.
The legal position is clear and it catches people every time: you are bound by the order regardless of who initiated contact. A DVO is a court order directed at you. The other person's consent to contact does not give you permission to breach the order's conditions. Only the court can vary or revoke the order.
If the other person wants contact resumed, the proper course is to apply to vary the order through the court — not to start messaging and hope nobody notices. If you are being contacted and you want the conditions changed, talk to a lawyer about a variation application.
What the Court Considers at Sentence
When sentencing a DVO breach, the court looks at:
The nature of the breach — whether it involved violence, threats, or non-violent contact
The history — how many prior breaches, how many times the order has been varied
The impact on the aggrieved person
Whether you have prior domestic violence offences
Your personal circumstances — employment, mental health, family situation
Whether you have taken steps to address the underlying behaviour — such as completing a men's behaviour change program (MBCP) or domestic violence counselling. These programs run for several months and courts treat completion as evidence you have engaged with the issue, not just turned up to court
A single text message breach with no violence, no history of breaches, and a clean record is dealt with at the lower end — a fine, often without a conviction recorded . A breach involving threats or violence following multiple prior breaches is at the upper end — imprisonment, with a conviction that stays on your record. What separates those outcomes is the material placed before the court.
Talk to Civic Law
If you have been charged with breaching a domestic violence order, the consequences depend on the nature of the breach, your history, and how the matter is presented. Call Sacha Sarah Smith on 0425 429 458 for a direct assessment of where you stand — whether a defence applies, whether show cause bail is an issue, and what preparation is needed before your first court appearance .
Contravene DVO — Fixed Fee
Show Cause Bail
DVO Application — Uncontested
DVO Contested Hearing