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 domestic violence 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 Magistrates Court , 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 family law case for years.
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 Family Law Act 1975 (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 criminal charge for breaching the DVO . 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 bail conditions 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
Not to approach within a specified distance of the aggrieved's residence
Not to attend the children's school or childcare
An ouster condition — requiring you to leave and not return to the family home, even if you own it
These conditions can effectively prevent you from spending meaningful time with your children. Even where the violence alleged is between adults, the court treats children's exposure to domestic violence — seeing it, hearing it, or living in the aftermath — as a risk in itself. The restrictions are designed to protect the aggrieved person and any children, but the collateral effect on your relationship with your children can be significant.
It is possible to apply to vary the DVO — for example, to include a carve-out for parenting arrangements or to adjust conditions so that changeover can happen safely. But the court's priority is always the safety of the aggrieved and any children, and a variation that could weaken that protection faces a high bar. The timing and strategy of a variation application matters, especially while criminal charges are still on foot. This is something you need legal advice on before acting.
A Conviction Changes the Family Law Position
If the criminal charge results in a conviction, that conviction becomes part of the evidence the Family Court considers. A charge is an allegation. A conviction is a finding of fact — and the Family Court gives it weight when assessing risk.
A conviction does not mean you will lose all time with your children. But it changes the balance. The court may require supervised time, limit overnight stays, or impose conditions on how time is spent. The severity of the offence, the nature of the violence, and what you have done since — including whether you have completed programs or sought treatment — all factor in.
A conviction also affects your criminal record . Whether a non-conviction order is available depends on the circumstances — read more about how that works on our criminal records page.
What if the Charges Are Withdrawn or Dismissed?
If the DV charge is withdrawn by the prosecution, or dismissed after a defended hearing, that does not automatically undo the DVO. The DVO is a civil order with a lower standard of proof — it can remain in place even after the criminal charge is gone. You would need to apply separately to vary or revoke the DVO.
In the Family Court, a withdrawn or dismissed charge is still part of the picture. The court can consider the allegations and the surrounding circumstances — including the QP9 and any statements — even if the charge did not result in a conviction. The weight given to dismissed allegations is less than a conviction, but they are not invisible.
Coercive Control
Since 26 May 2025, coercive control is a standalone criminal offence in Queensland under the Criminal Code — known as Hannah's Law. The maximum penalty is 14 years imprisonment. The offence captures a pattern of abusive behaviour towards a current or former intimate partner, family member, or informal carer with the intent to coerce or control.
A coercive control charge can complicate the family law position significantly. The conduct alleged often spans the entire relationship — financial control, isolation, surveillance, threats — and the evidence put forward by the prosecution becomes available to the other party in family proceedings. If you are facing a coercive control charge and also dealing with parenting matters, the intersection between those proceedings needs careful management.
Weapons
If a DVO is made against you — whether by consent or after a hearing — you will lose your weapons licence. Under the Weapons Act 1990 (Qld), a person against whom a domestic violence order — other than a temporary protection order — was made in the five years before they apply is not a fit and proper person to hold a licence (s 10B(5)(b)). A temporary protection order suspends an existing licence automatically while it is in force (s 27A). This applies regardless of whether you are convicted of the criminal charge. If you hold a firearms licence or possess registered weapons, those will be seized and the licence suspended or revoked. This is a separate consequence to the criminal charge and applies from the date the DVO is made.
What You Say in One Court Follows You to the Other
This is the single most important thing to understand when you are running a criminal matter and a family law matter at the same time. They are not sealed off from each other.
None
The QP9 is discoverable. The QP9 — the police summary of the allegations — is available to the other party in family law proceedings. Even if you contest the charge, the contents of the QP9 can be put before the Family Court as evidence of what was alleged.
Statements you made to police can be used. Anything said at the scene, in a record of interview, or at the watch-house is potentially available in both proceedings.
This is why the criminal case and the family law case need to be considered together from the start — not treated as separate problems.
Practical Steps
If you are facing DV charges and have children:
Understand your DVO conditions. If conditions are affecting your time with your children, get legal advice about whether and when a variation application is appropriate. Do not ignore the conditions — but do not assume they are set in stone either.
Be aware of the status quo effect. If the criminal matter drags on for months while your time with the children is unresolved, the arrangement that develops during that period can become the new status quo — the Family Court gives weight to established arrangements. But moving on the DVO or parenting arrangements needs to be coordinated with your criminal case, not treated as a separate problem. Get advice on the right sequencing.
Complete a behaviour change program. This helps in both courts. The Magistrates Court considers it at sentence . The Family Court considers it when assessing ongoing risk. It is one of the most effective steps you can take.
Get advice before your first court appearance . Conditions accepted without scrutiny at the first mention can remain in place for months. Decisions made at that stage — including what facts you agree to — can affect the family law proceedings long after the criminal case is over.
Talk to Civic Law
Civic Law handles the criminal side — the DV charge, the DVO, and the Magistrates Court process. If you are also dealing with family law proceedings, it is important that your criminal lawyer understands the family law context and that decisions in one proceeding do not compromise your position in the other. Call Sacha directly on 0425 429 458 .
DV Criminal Charge — Guilty Plea
Contravene DVO — Fixed Fee
DVO Contested Hearing
Coercive Control — Fixed Fee
Bail Application (Magistrates Court)