DV and Family Law in Queensland — Charges & Custody
Domestic Violence — 2026-06-20 — by Sacha Sarah Smith, Civic Law
If you are facing domestic violence charges and have children, the criminal case and the family law case are connected. Here is how.
You have been charged with a <a href="/domestic-violence-lawyer-cairns">domestic violence</a> offence and you have children with the other party. Now you are dealing with two legal systems at the same time — the criminal charge in the <a href="/cairns-magistrates-court">Magistrates Court</a>, and the question of what happens with the children in the Federal Circuit and Family Court. What happens in one directly affects the other, and decisions made in the criminal case can follow you into the…
How DV Charges Affect Your Time With Your Children
When the Family Court decides where children live and how much time they spend with each parent, the child's safety is the first thing the court looks at. Under the <em>Family Law Act 1975</em> (Cth), safety from family violence is at the top of that list when deciding what is in a child's best interests.
The court is required to consider any history of family violence involving the child or anyone caring for the child — and any DVO that applies or has applied to the child or a family member. If you have been charged with domestic violence against the other parent, the Family Court will know about it. A DVO is specifically listed as something the court must take into account.
A DVO condition that restricts your contact with the other parent may also restrict your practical ability to spend time with your children — particularly if the children live with the aggrieved person.
When the DVO and a Parenting Order Conflict
This happens regularly. A parenting order says the child spends time with both parents. A DVO says you cannot approach the other parent's home — which is where changeover happens. Now you cannot comply with both at the same time.
On paper, the parenting order wins — because it is made under Commonwealth law, it technically overrides an inconsistent state-law DVO. But that does not mean you can ignore the DVO and rely on the parenting order. Here is what actually happens:
The Magistrates Court, when making or varying a DVO, has the power to change, suspend, or set aside the parenting order. It can do this where new information has come to light since the parenting order was made — and a DV charge with new allegations will usually qualify. At the same time, the law is clear that the court must not weaken the protection a DVO provides just to make it line up with a parenting order.
In practice, this means the Magistrates Court will often adjust the parenting order to fit around the DVO — not the other way around. You may find that your court-ordered time with the children is suspended or restricted because the DVO conditions make it unworkable, and the court has reshaped the parenting arrangements to match.
The response is not to breach the DVO and rely on the parenting order as justification. That will result in a <a href="/articles/breach-of-dvo-queensland">criminal charge for breaching the DVO</a>. The proper course is to apply to vary the DVO or the parenting order — or both — through the court.
What Happens to Custody During Criminal Proceedings
A criminal charge does not automatically change your custody arrangements. A charge is an allegation — not a finding. But the existence of a DVO, and the <a href="/bail-applications-lawyer-cairns">bail conditions</a> that typically accompany a DV charge, can reshape the day-to-day arrangements in ways that feel permanent.
Common bail and DVO conditions in DV matters include:
No contact with the aggrieved person except through a lawyer or for the purpose of exercising existing parenting orders