DVO Conditions Explained
What Each Condition Means in Practice

Every domestic violence order sets out specific conditions you must follow. The conditions are not suggestions — each one is individually enforceable, and breaching any single condition is a criminal offence under the Act . This page explains what each type of condition actually requires of you in day-to-day life, what "good behaviour" means in practice, and the common mistakes that lead to a breach charge. If conditions have been imposed on you, contravening any of them is a criminal offence under section 177 of the Act, carrying a maximum of 3 years imprisonment — or 5 years if you have been convicted of a domestic violence offence in the previous 5 years. See contravention of a DVO and defending a DVO or DV charge in Cairns .

The Standard Condition — Every Order

Every DVO includes a mandatory standard condition under section 56 of the Domestic and Family Violence Protection Act 2012 . The court has no discretion about this — it must be imposed on every order. The standard condition requires that you: Must be of good behaviour toward the aggrieved Must not commit domestic violence against the aggrieved If other people are named on the order — children, relatives, or associates of the aggrieved — the standard condition extends to them as well. You must be of good behaviour toward every named person and must not commit associated domestic violence against them. This condition applies even if no other conditions are imposed. A DVO with only the standard condition still prohibits any conduct that constitutes domestic violence — which is broader than most people realise.

No-Contact Conditions

A no-contact condition prohibits you from contacting or attempting to contact the aggrieved by any means. Under section 58(d) of the Act, this includes: Phone calls, text messages, emails, and voicemails Social media messages — including from new or anonymous accounts Contact through a third party — asking someone else to pass on a message, relay information, or make contact on your behalf Letters, notes, or any written communication The prohibition covers all forms of communication, whether direct or indirect. If the order says no contact, it means no contact — regardless of the reason, the tone, or whether the message seems harmless. What if the aggrieved contacts you? The conditions bind you. If the aggrieved initiates contact — sends you a message, calls you, turns up at your door — you must not respond. Responding to contact initiated by the aggrieved is still a contravention on your part. It does not matter that they contacted you first. If the aggrieved is regularly initiating contact, tell your lawyer. It may be relevant to a variation application — but it does not give you permission to respond. What about through a lawyer? Under section 60 of the Act, contact by a lawyer acting on a party's behalf is not prohibited by the order. If you need to communicate about children, property, or urgent practical matters, that communication should go through your lawyer. Section 61 also provides that contact by a victim advocate on behalf of the aggrieved is not prohibited.

No-Approach and Exclusion Zone Conditions

Under section 58(c) of the Act, the court can impose a condition prohibiting you from approaching or attempting to approach the aggrieved or a named person. The order will usually specify a distance — for example, not within 100 metres. The condition may name specific locations: The aggrieved's home address The aggrieved's workplace A child's school or childcare centre Any other location the aggrieved regularly attends This is different from a no-contact condition. A no-contact condition prohibits communication. A no-approach condition prohibits physical proximity. Many orders include both. What if you are at the same place by coincidence? If you encounter the aggrieved unexpectedly at a location not named in the order — a shopping centre, a public event — you should leave. Remaining in close proximity when you are aware of the aggrieved's presence may be treated as a breach, even if you did not go there intending to see them. The safest course is to leave immediately.

Ouster Conditions

An ouster condition under section 63 of the Act requires you to leave a stated premises and not return. This applies even if you own the property or are on the lease. Section 63(2) makes this explicit: the premises that may be stated in an ouster condition include premises in which you have a legal or equitable interest, premises where you and the aggrieved live or previously lived together, and premises where the aggrieved or a named person lives, works, or frequents. An ouster condition may prohibit you from: Remaining at the premises Entering or attempting to enter the premises Approaching within a stated distance of the premises If you have been ousted from your home, you cannot return to collect belongings without the court's permission. A variation application can be made to allow supervised collection of personal property — but you must not enter the premises before that variation is granted. If you are a tenant, the aggrieved may be able to apply under the Residential Tenancies and Rooming Accommodation Act 2008 to be recognised as the tenant in your place. This is a separate proceeding from the DVO.

Conditions About Children

If children are named on the order, the conditions may restrict or prohibit your contact with them. Under section 58(f) of the Act, the court can prohibit your presence at or near a place associated with a child — their school, childcare centre, sporting activities, or home. Under section 62, the court can impose a condition specifically limiting contact between a parent and a child named on the order. This may mean: No contact with the child at all Supervised contact only Contact only at specific times or in specific circumstances What if you have Family Court orders? If you have existing Family Court parenting orders that allow contact with your children, the DVO conditions and the Family Court orders can conflict. A DVO condition that prohibits contact overrides any informal arrangement — but the intersection with formal Family Court orders is more complex. You must comply with the DVO conditions as they stand. If the conditions conflict with Family Court orders, a variation of the DVO conditions or the Family Court orders (or both) may be needed. Do not assume the Family Court order gives you permission to breach the DVO. Get legal advice before acting.

Weapons and Firearms

When a DVO is made, your obligations regarding weapons are immediate and non-negotiable. Under section 83 of the Act, no exemption under the Weapons Act 1990 applies to a respondent named in a domestic violence order. This means that even if you are a police officer, security worker, or hold an occupational exemption, you are subject to the full requirements of the Weapons Act for the duration of the order. The practical consequences are: Your weapons licence is revoked — this is dealt with under sections 27A and 28A of the Weapons Act 1990 , as referenced in section 84(2)(a)(ii) of the DFVPA All firearms, weapons, and ammunition must be surrendered to police Five-year bar on reapplication — under section 10B of the Weapons Act 1990 , you cannot apply for a weapons licence for five years from the date the order is made. Section 84(2)(a)(iii) of the DFVPA requires the court to inform you of this consequence before making the order If your employment depends on a firearms licence — security, rural work, defence, correctional services — this consequence alone may justify getting legal advice before consenting to an order. The five-year bar runs from the date the order is made, not the date it expires.

What “Good Behaviour” Actually Means

The standard condition requires you to “be of good behaviour” toward the aggrieved. This is broader than most people expect. It does not just mean no physical violence. Under section 8 of the Act, domestic violence includes behaviour that is: Physically or sexually abusive Emotionally or psychologically abusive — section 11 defines this as behaviour that torments, intimidates, harasses, or is offensive to the other person Economically abusive — section 12 includes coercing the other person about their finances, withholding financial support needed for daily living, or controlling their access to money Threatening Coercive Controlling or dominating in a way that causes the other person to fear for their safety or wellbeing This means behaviour that would not constitute a criminal offence on its own — a pattern of controlling text messages, tracking the aggrieved's movements, making derogatory comments, or restricting their access to money — can still breach the good behaviour condition. If you are not sure whether something you are doing or planning to do breaches the condition, assume it does until you have asked your lawyer.

What Happens If You Breach a Condition

Contravening any condition of a DVO is a criminal offence under section 177 of the Act. It does not matter which condition you breach or whether the breach seems minor. The maximum penalties are: 120 penalty units or three years' imprisonment — standard 240 penalty units or five years' imprisonment — if you have a prior domestic violence conviction within the previous five years Police regularly charge contraventions on the basis of a single text message, a phone call, or being present at a location named in the order. A contravention charge triggers show cause bail — meaning you must show the court why you should be released, rather than the prosecution having to show why you should be detained. A contravention conviction creates a criminal record and is itself a "domestic violence offence" — which means any future contravention within five years will carry the higher penalty range. For more detail on contravention charges, see contravene DVO — $4,800 .

The Cost

Sacha handles respondent DVO matters on a fixed fee basis. Consent order — $3,300 — covers consultation, negotiation of conditions with police or the aggrieved's solicitor, and court appearance to consent to the order with agreed conditions Contested hearing — $5,800 — covers consultation, evidence review, preparation of submissions, cross-examination, and full hearing appearance If you are also facing criminal charges arising from the same incident — assault, contravention of a DVO, property damage, or another charge — that is a separate matter with a separate fee. See DV criminal charge — $4,800 or contravene DVO — $4,800 . If you need to vary the conditions of an existing order, see how to vary or revoke a DVO . All fees are +10% GST. Payment plans are available.

Frequently Asked Questions

Can the aggrieved give me permission to contact them?

No. The conditions are imposed by the court. The aggrieved cannot waive or suspend them. Even if the aggrieved tells you it is fine to contact them, doing so is still a contravention on your part. Only the court can change the conditions — through a formal variation application under section 86 of the Act.

What if I accidentally run into the aggrieved in public?

If the encounter is genuinely accidental at a location not named in the order, leave immediately. Do not speak to the aggrieved. Do not remain in the area. The safest course is to leave the moment you become aware of their presence. If encounters are happening regularly — at school pickup, for example — speak to your lawyer about whether a variation of the conditions is appropriate.

Do the conditions apply if I leave Queensland?

A Queensland DVO is recognised and enforceable in every Australian state and territory, and in New Zealand, under the national recognition scheme. The conditions apply wherever you are. Section 84(2)(a)(i) of the Act requires the court to inform you that the order may be enforceable in other states and New Zealand.

Can I post about the aggrieved on social media?

If the order includes a no-contact condition, posting about the aggrieved on social media — even without naming them directly — may be treated as indirect contact or as a breach of the good behaviour condition. If the post is threatening, abusive, or harassing, it is a contravention regardless of whether the aggrieved sees it. Do not post anything about the aggrieved or the proceedings on social media.

Can my lawyer contact the aggrieved on my behalf?

Yes. Under section 60 of the Act, contact by a lawyer acting on your behalf is not prohibited by the order. If you need to communicate about children, property, or practical matters, your lawyer can do so directly or through the aggrieved's lawyer.

What if a Family Court order says I can see my children but the DVO says I cannot?

You must comply with the DVO conditions as they stand. The DVO and Family Court orders operate under different legislation, and a DVO condition restricting contact with children does not automatically cease because a Family Court order exists. If the orders conflict, a variation of one or both may be needed. Get legal advice — do not assume the Family Court order overrides the DVO.

Can the conditions be changed?

Yes. Either party can apply to vary the conditions under section 86 of the Act. The variation must be in writing, state the grounds, and be filed with the court. The court will only vary the conditions if satisfied it is appropriate in the circumstances. For a full explanation of the variation process, see how to vary or revoke a DVO .

How long do the conditions last?

The conditions remain in force for the entire duration of the order. A final protection order lasts five years by default under section 97 of the Act. The court can order a longer period if it considers it necessary or desirable. Every condition on the order is enforceable for the full duration.

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