Contravene DVO — Breach of Protection Order — Fixed Fee
$4,800 — Fixed Fee
Contravene domestic violence order — Cairns Magistrates Court plea — $4,800 fixed Covers : review of the charge and full prosecution brief, assessment of the knowledge and service elements, advice on the penalty range, sentencing submissions, and full court appearance. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review your charge, the prosecution brief, and the conditions of the domestic violence order you are alleged to have breached Assessment of whether the prosecution can prove knowledge — that you knew the order existed and knew its conditions. This is the most commonly contested element in section 177 prosecutions Review of the evidence — witness statements, text messages, phone records, social media logs, body-worn camera footage, and the service documentation Identification of which type of breach is alleged — contact breach, location breach, violence-involving breach, or behavioural condition breach — and advice on the sentencing range for that category Assessment of whether the breach is standard (maximum 3 years) or aggravated (maximum 5 years) based on your domestic violence history Advice on any concurrent criminal charges running alongside the contravention — assault, threats, stalking, property damage Preparation of written sentencing submissions tailored to your circumstances Full appearance by Sacha at your sentencing hearing at the Cairns Magistrates Court Post-sentence advice on any conviction recorded, probation conditions, and the status of the protection order
What You Are Facing
Under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld) , it is a criminal offence to contravene a condition of a domestic violence order. This is one of the highest-volume criminal charges in the Cairns Magistrates Court. The offence is not about the underlying relationship or the original DVO application — it is specifically about breaching one or more conditions of the order. Those conditions might prohibit contact with the aggrieved, prohibit attending certain locations, or impose behavioural requirements. Penalties Standard contravention — maximum 3 years' imprisonment. This applies where you have no previous conviction for a DV-related offence within the preceding 5 years. Aggravated contravention — maximum 5 years' imprisonment. This applies where you have been previously convicted of a domestic violence offence within 5 years before the commission of the contravention. Section 177 charges are normally heard summarily in the Magistrates Court. For an aggravated contravention carrying a 5-year maximum, the court has power under section 181(6) of the DFVPA to abstain from summary jurisdiction in exceptional cases and commit the charge to the District Court. In practice this is uncommon, but it can occur where the seriousness of the alleged breach is at the upper end of the range. What the Prosecution Must Prove The prosecution must prove three elements beyond reasonable doubt: A domestic violence order existed and was in force at the time of the alleged breach You knew the order existed and knew its conditions You deliberately contravened a condition of the order Each of these elements can be contested. The knowledge requirement is the most commonly litigated aspect — if the prosecution cannot prove you knew the order existed, the charge fails. Types of Breach — Not All Are Equal The sentencing outcome depends heavily on the type of breach alleged: Contact breaches — phone calls, text messages, social media, or contact through a third party. The most common category. A single non-threatening text message is treated very differently from dozens of calls over several days. Location breaches — attending a place you are prohibited from going to, typically the aggrieved's home, workplace, or school. Generally treated more seriously than contact breaches because of physical proximity. Violence-involving breaches — actual physical violence, threats, or intimidation during the breach. The most serious category. These frequently attract imprisonment even for first offences and usually come with concurrent criminal charges. Behavioural condition breaches — breaching conditions about alcohol use, property damage, or programme attendance. Generally the least serious category, though repeated breaches attract escalating penalties.
The Knowledge Defence
The knowledge requirement is the single most important element in a section 177 prosecution. The prosecution must prove that you knew the domestic violence order existed and knew its conditions. This is not a presumption — it must be established by evidence. The most common ways the prosecution proves knowledge are: Personal service — the order was served on you in person by a police officer and you signed an acknowledgement of service Deemed service — the order was sent by post to your last known address and the statutory period for deemed service has elapsed Court attendance — you were present in court when the order was made and the magistrate explained the conditions If the prosecution cannot prove knowledge, the charge fails. This defence arises regularly in the Cairns Magistrates Court — particularly where: The order was made without you being present (ex parte orders) Service was by post and you had changed address The police officer who served the order is unavailable to give evidence The acknowledgement of service document is missing from the prosecution brief Sacha reviews the service documentation in every contravention matter. If the knowledge element is genuinely in dispute, a not-guilty plea may be the appropriate course.
What Changes the Outcome
The type of breach. A single non-threatening contact in a moment of poor judgement is at the lower end. A location breach or violence-involving breach is at the upper end. The court distinguishes clearly between categories. Whether the aggrieved initiated contact. This does not give you a defence — the order binds you, not the aggrieved. If the aggrieved contacts you and you respond, you are still in breach. But the fact that contact was mutual or aggrieved-initiated is relevant to sentencing, even though it is not a defence to the charge. Your domestic violence history. A first contravention for someone with no prior DV history is treated materially differently from a contravention by someone with a pattern of breaches. The aggravated maximum (5 years) applies where there is a prior DV conviction within 5 years. Whether you were on bail or a suspended sentence. A breach committed while on bail for another matter, or while serving a suspended sentence, is the most serious sentencing position. The court treats this as evidence that conditions alone are insufficient. Concurrent charges. If the breach involved violence, the section 177 charge will usually run alongside assault, threats, stalking, or property damage charges. The total sentence reflects all charges combined. An early guilty plea. An early plea at first mention attracts the greatest sentencing discount. It is the single most valuable mitigating factor in section 177 matters. Engagement with programmes. Actual enrolment in or attendance at a behavioural change programme, anger management, or counselling before the sentencing hearing carries weight. The court responds to demonstrated engagement, not promises. Compliance since the breach. Evidence that you have complied with the order since the breach date demonstrates the breach was an isolated incident rather than a pattern.
What Sacha Focuses On
Every contravention matter starts with two questions: can the prosecution prove knowledge, and what type of breach is alleged? The service documentation is reviewed first. If there is a genuine issue with proof of service — the order was made ex parte, service was by post to an old address, the acknowledgement is missing from the brief — that changes the entire trajectory of the matter. For plea matters, the sentencing submissions address the specific circumstances of the breach, the type of contravention, the relationship context, your history, and the steps taken since the charge. The difference between a fine and imprisonment — or between a conviction recorded and none — depends on what is placed before the court and how the breach is characterised. Where concurrent charges run alongside the contravention, the defence strategy addresses all charges together. A plea to one charge may affect the sentencing on another, and the totality principle means the combined sentence must reflect the overall criminality — not just each charge in isolation.
FREQUENTLY ASKED QUESTIONS
What if the protected person contacted me first? It does not matter. The domestic violence order binds you, not the aggrieved. If the aggrieved initiates contact and you respond, you are in breach of the order. The aggrieved cannot waive the order. The correct course of action is to not respond and to contact a lawyer about varying the order if both parties want contact to resume. Can I be convicted if I did not know about the order? No. The prosecution must prove beyond reasonable doubt that you knew the domestic violence order existed and knew its conditions. If the order was made without you being present and service is disputed, the knowledge element may not be established. This is a genuine defence that is regularly contested in the Cairns Magistrates Court. Can the protected person drop the charges? No. Section 177 charges are prosecuted by the Queensland Police Service, not by the aggrieved. Once the charge has been laid, the aggrieved cannot withdraw it. The aggrieved may provide a statement supporting a more lenient outcome, but the prosecution decision rests with the police. Will I go to jail for a first DVO breach? It depends on the type of breach. A first offence involving a single non-threatening contact breach is unlikely to attract imprisonment — a fine, good behaviour bond, or probation is more common. A first offence involving violence, threats, or a location breach is more serious, and imprisonment is a realistic possibility. Sacha will advise honestly on the likely range at the first consultation. What is the difference between standard and aggravated contravention? A standard contravention carries a maximum penalty of 3 years' imprisonment. An aggravated contravention — where you have a previous conviction for a domestic violence offence within 5 years — carries a maximum of 5 years. The aggravated classification changes the sentencing range. Both are normally dealt with in the Magistrates Court, but for an aggravated contravention the court has power under section 181(6) of the DFVPA to abstain from summary jurisdiction and commit the matter to the District Court in exceptional cases. What if I accidentally breached the order? The prosecution must prove the contravention was deliberate. If you genuinely did not intend to breach a condition — for example, you attended a location without knowing the aggrieved was there — that may be a defence. However, the threshold for "deliberate" is lower than you might expect. Courts have held that doing an act which you knew was prohibited is deliberate, even if you did not intend any harm. Sacha will assess the facts carefully before advising on this point.