DV Bail Conditions
in Queensland
If you have been charged with a domestic violence offence in Queensland, the bail conditions imposed on you will be among the most restrictive in the criminal justice system. They take effect immediately and remain in force until the matter is resolved — which can be months. This page covers what each condition requires, when a show cause obligation applies, and the consequences of breaching bail. If your conditions are unworkable, there is a process for varying them — but it requires preparation and a court application.
How DV Bail Works
If you are arrested for a domestic violence offence, the first question is whether you will be released on bail — and if so, on what conditions. The starting position under the Bail Act 1980 (Qld) is that you should get bail. The prosecution has to show a reason to keep you in custody. But for DV charges, the court must also assess the risk of further domestic violence — section 16(2)(f). That consideration does not apply to non-DV charges, and it makes bail harder to get and the conditions more restrictive. For certain serious DV offences, the position is reversed entirely. You have to show cause why you should be released. That regime is explained below. Police bail vs court bail When you are first arrested, police decide whether to grant bail from the watch-house. If they do, the conditions they impose are binding until you appear in court. If they refuse bail, you stay in custody until your first court appearance — usually the next sitting day. At court, the magistrate can keep the same conditions, impose different ones, or refuse bail. The court is not bound by the police decision in either direction. If police granted bail with minimal conditions and the prosecution objects, the court can tighten them. If police refused bail entirely, the court can grant it. For DV charges, police bail conditions are almost always restrictive from the outset. No-contact conditions and exclusion from the family home are standard. The court may modify these at the first appearance, but rarely relaxes them without a formal variation application.
Common DV Bail Conditions
Your bail conditions are set out in the bail undertaking — the document you sign to be released from custody. They are legally binding from the moment you sign. These are the conditions most commonly imposed in DV matters in the Cairns Magistrates Court . No-contact condition No contact with the aggrieved person — by any means, directly or through a third party. This includes phone calls, text messages, emails, social media messages, and contact through friends, family, or children. "No contact" means no contact. A single text message, even an apology, is a breach. Ouster condition (exclusion from home) You cannot enter, attempt to enter, or remain at the family home — or within a stated distance of it. This applies even if you own the property, pay the mortgage, or have your belongings inside. If you need to collect property, it must be arranged through police. You cannot attend yourself. Children restrictions No contact with named children, or contact only in accordance with existing family law orders. Where no family law orders exist, the bail condition typically prohibits all contact until the court directs otherwise. This is one of the most disruptive conditions and one of the most common grounds for a bail variation application. Curfew You must remain at a nominated address between stated hours — typically 7pm to 6am or similar. Police may conduct compliance checks at any time during curfew hours. If you are not present when police attend, that is evidence of a breach. Reporting condition You must report to a nominated police station at stated intervals — daily, three times per week, or weekly depending on the charge. Reporting means physically attending the station and signing the register. Missing a single report is a breach. Residential condition You must reside at a nominated address and notify police of any change. If you do not have alternative accommodation after being excluded from the family home, this can be difficult to satisfy. The court will not release you on bail without a residential address. Surrender of passport Your passport is surrendered to police or the court registry. Under section 11AA of the Bail Act , you are detained in custody until the passport is actually surrendered — whether the condition was imposed by a court or by police. No alcohol or drugs Not to consume alcohol or non-prescribed drugs. This condition is common where the alleged offence involved intoxication. Police may request a breath test or drug test during compliance checks.
Show Cause — When Bail Starts from Custody
For certain DV charges, the Bail Act reverses the presumption of bail. Instead of the prosecution having to persuade the court to refuse bail, you have to demonstrate why your continued detention is not justified. This is called show cause — and if you cannot make out the case, bail is refused. The show cause requirement under section 16(3)(g) applies if you are charged with a relevant offence . Section 16(6) defines that as: Choking, suffocation, or strangulation in a domestic setting — section 315A — always show cause, regardless of whether it is also charged as a DV offence. Maximum penalty 7 years, strictly indictable. Any offence punishable by at least 7 years' imprisonment if it is also a domestic violence offence — this captures AOBH under section 339 (7 years), coercive control under section 334C (14 years), GBH under section 320 (14 years), and others. Specific Criminal Code offences if also a DV offence — threatening violence (section 75), dangerous operation of a vehicle (section 328A), deprivation of liberty (section 355), unlawful stalking (section 359E), and threats to property (section 468, now repealed but still listed in the Bail Act ). Contravention of a DVO under section 177(2) — but only if: (a) the contravention involved the use, threatened use, or attempted use of unlawful violence; or (b) you were convicted of another violence offence within the preceding 5 years; or (c) you were convicted of another section 177(2) contravention within the preceding 2 years. What show cause requires Show cause requires more than an oral submission. The court expects material — a sworn affidavit setting out your personal circumstances, ties to the community, employment, accommodation, and proposed conditions. Written submissions addressing the prosecution's specific objections. A detailed set of proposed conditions that address the identified risks. Turning up unprepared — or saying nothing — is treated as a failure to show cause. The quality of the written material determines the outcome. See the show cause bail fee page for what a prepared application involves.
What Happens if You Breach Bail
Breaching a bail condition is a criminal offence. It is also one of the fastest ways to lose your bail entirely. Breach of bail condition — section 29 Under section 29(1) of the Bail Act , you must not break any condition of the undertaking on which bail was granted. Maximum penalty: 40 penalty units or 2 years' imprisonment. This applies to most bail conditions — no-contact, curfew, reporting, residential, alcohol. Programme or treatment conditions under section 11(9) are excluded — breaking those is dealt with under section 30 as a bail variation, not a criminal offence. Failure to appear — section 33 Failing to turn up to court when required is a separate offence under section 33. If you do not appear and are apprehended on a warrant, the penalty depends on the underlying charge. You can raise reasonable cause as a defence — but the burden of proving it is on you. Arrest and remand If police believe you have breached a bail condition, they can arrest you under the Police Powers and Responsibilities Act 2000 (Qld). You are brought before the court and bail is reconsidered from scratch. The breach becomes part of your bail history — the court takes it into account when assessing risk. A breach does not automatically mean bail will be revoked. But a defendant who has already breached a no-contact condition faces an uphill argument that the same condition will be complied with in the future. Impact on the underlying charge A bail breach is a separate charge with its own penalty. But it also affects sentencing on the original matter. Courts routinely treat a breach — particularly a no-contact breach — as an aggravating factor. It shows a willingness to disregard court orders, which undermines any argument for a lenient sentence. See Breach of Bail for a detailed guide.
Varying Bail Conditions
If your bail conditions are unworkable — you cannot see your children, cannot return home to collect essential items, or cannot attend work — the answer is a bail variation application. You do not vary bail conditions by ignoring them. When variation is appropriate Common grounds for a bail variation in DV matters: Children — the no-contact condition prevents any contact with your children and there are no family law orders in place. The court may allow supervised contact or contact at agreed times, provided the aggrieved person's safety is not compromised. Property — you need to attend the family home to collect personal items, work tools, medication, or identity documents. The court may allow a single attended collection supervised by police. Employment — the residential condition, curfew, or reporting condition conflicts with your work schedule. The court may adjust reporting times or curfew hours. Accommodation — the residential condition names an address you can no longer stay at. The court may approve a change of residential address. The process A bail variation is made by application to the court. The prosecution is notified and may object. In DV matters, the court must consider the risk of further domestic violence — section 16(2)(f). The court weighs whether the proposed variation maintains adequate protection for the aggrieved person while addressing the practical difficulty. Variations are not granted because the conditions are inconvenient. The court requires a specific, practical reason — and proposed replacement conditions that address the same risk in a different way. "I want to go home" is not sufficient. "I need to collect my medication and work tools, supervised by police, on a single occasion" is.
Bail Conditions vs the DVO
If you have been charged with a DV offence, you will usually be subject to two sets of conditions at the same time — bail conditions under the Bail Act and DVO conditions under the DFVPA . They overlap, but they are not the same thing. Bail conditions are imposed as a condition of your release from custody. They last until the criminal charge is resolved — by plea, trial, or discontinuance. Breaching bail is an offence under section 29 of the Bail Act (maximum 40 penalty units or 2 years). DVO conditions are imposed under the DFVPA . They last for the duration of the order — which may be 2 years, 5 years, or longer. Contravening a DVO is an offence under section 177 (maximum 120 penalty units or 3 years; or 240 penalty units or 5 years with a prior DV conviction within 5 years). In practice, the two sets of conditions often mirror each other — both will include no-contact and exclusion conditions. But they can differ. Bail conditions may include curfew and reporting obligations that the DVO does not. The DVO may include a broader "good behaviour" condition that bail does not. When the criminal charge ends When the criminal charge is finalised — by guilty plea, acquittal, or discontinuance — the bail conditions fall away. The DVO does not . If a protection order has been made, it continues independently. You must comply with the DVO conditions for the full duration of the order, even after the criminal matter is over. This catches people out regularly. They assume that because they have been sentenced and the matter is finished, they are no longer subject to restrictions. That is wrong. The DVO is a separate order with separate legal force, and contravening it after the criminal charge is resolved is still a criminal offence.
Practical Compliance
The conditions are designed to prevent contact. The circumstances in which breaches occur are usually mundane rather than dramatic — a text message, not a confrontation. Block the aggrieved's number. Do not rely on willpower. Block their number, remove them from social media, and do not respond to contact they initiate. If the aggrieved contacts you, that is not permission to reply. The conditions bind you, not them. Tell people. Make sure the people around you know about your conditions. Third-party contact — asking a friend to pass on a message, or asking a family member to relay information — is a breach. If other people do not know about your conditions, they may inadvertently put you in a position where a breach occurs. Keep a record of reporting. If you have a reporting condition, keep your own record of every time you attend the station. If there is a dispute later about whether you attended on a particular date, your record is evidence. Do not attend locations you are excluded from — even to collect belongings, even briefly, even if you believe nobody is home. If you need items from the family home, apply through the court or arrange a police-supervised collection. Do not drink if you have an alcohol condition. Police can and do conduct random compliance checks. A positive breath test is a breach. If you are going to miss a report, contact the station beforehand. If you miss a report without notice and police record you as absent, the breach is complete. Contacting the station in advance does not excuse the absence, but it creates a record that may mitigate the consequences. The most common DV bail breach in the Cairns Magistrates Court is a no-contact breach. In most cases, the contact is initiated by the defendant — a text message, a phone call, an apology. The second most common is a location breach — attending the family home to collect belongings without permission.
Frequently Asked Questions
Can the aggrieved person give me permission to contact them?
No. Bail conditions bind you, not the aggrieved. Even if the aggrieved contacts you first, invites you to come home, or tells you the conditions have been dropped — your conditions remain in force until a court varies or revokes them. Responding to contact the aggrieved initiates is still a breach.
How long do bail conditions last?
Until the criminal charge is resolved — by plea, trial, acquittal, or discontinuance. For DV charges in the Magistrates Court, that is typically 2 to 6 months from charge to finalisation. If the matter is adjourned multiple times or contested, it can be longer. If a DVO has also been made, the DVO conditions continue independently after the criminal charge is resolved.
Can I get my bail conditions changed?
Yes — by making a bail variation application to the court. You cannot change your conditions by agreement with the aggrieved or by asking police. The court must be satisfied the proposed change adequately addresses the risk. Common variations include adjusting curfew hours for work, allowing supervised contact with children, or changing the residential address.
What is the penalty for breaching bail?
Breaching a bail condition is an offence under section 29 of the Bail Act 1980. Maximum penalty: 40 penalty units or 2 years' imprisonment. In practice, a missed report is treated very differently from a no-contact breach involving threats. A breach also triggers reconsideration of bail on the underlying charge — you may lose your bail entirely.
Do bail conditions and DVO conditions overlap?
Usually, yes. Both will typically include no-contact and exclusion conditions. But they are separate legal instruments with separate consequences. Breaching bail is an offence under the Bail Act (maximum 2 years). Contravening a DVO is an offence under section 177 of the DFVPA (maximum 3 years, or 5 years with a prior DV conviction). You can be charged with both for the same conduct. When the criminal charge ends, bail conditions fall away — but the DVO continues independently.
What happens if I need to collect belongings from the family home?
If your bail conditions exclude you from the family home, you cannot attend — even briefly, even if you believe nobody is home. Arrange a police-supervised collection through the local station, or apply to the court for a one-off variation allowing attended access. Attending without permission is a breach.
What is show cause and does it apply to my charge?
Show cause means the onus is on you to demonstrate why your continued detention is not justified — rather than the prosecution having to persuade the court to refuse bail. It applies to certain serious DV charges defined in section 16(6) of the Bail Act: choking or strangulation (section 315A), any offence punishable by at least 7 years if also a DV offence, specific Criminal Code offences (threatening violence, stalking, deprivation of liberty) if also DV offences, and DVO contraventions involving violence or prior DV history. A show cause application requires a sworn affidavit, written submissions, and proposed conditions.