We explain the intricacies of contravening a Domestic Violence Order
Whilst it is not a criminal offence to have a domestic violence order made against you, if you breach that order or a condition of that order, as a Respondent you can be charged with the criminal offence of contravention of a domestic violence order.
All domestic violence orders contain at minimum, the one the standard condition that a respondent must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved during the period of the order. Other common conditions include conditions that a respondent not contact, ask someone else to contact, locate or approach the aggrieved during the period of the order.
Actions of domestic violence will always constitute a breach of a DVO. Domestic violence is not just physical abuse, but it extends to emotional abuse, and coercive or controlling behaviours. “Good behaviour” conditions can be contravened by simply engaging in verbal altercations. Other ways a DVO can be breached is by breaking the no contact or no approach conditions of an order. It is important to note that in cases where a “no contact condition” is breached, but it was the aggrieved that initiated the contact, a respondent is still committing an offence by continuing that contact.
Even seemingly harmless behaviours can constitute a breach of a DVO, such as asking a friend to contact the aggrieved for you, calling to wish them a happy birthday, or sending flowers and chocolate to their residence or place of work.
There are circumstances where either party to an order can apply to the court to have conditions of a DVO varied.
Respondents who breach a domestic violence order face a maximum penalty of up to 120 penalty units or 3 years imprisonment. This maximum penalty increases to 240 penalty units or 5 years imprisonment if the offender has previously breached a DVO in the preceding 5 years. The likely outcome that you will face if charged with this offence will depend entirely on the circumstances of the breach, your background, your criminal history, when the order was made and when the breach occurred, whether there have been any previous breaches, and any other relevant circumstances that the court considers. For that reason, it is imperative to engage a criminal defence lawyer at an early stage.
If you are facing court, it is important to have an experienced criminal defence lawyer by your side who can assist you with the process, advise you of your options, defend your rights in courts and help you achieve the best outcome possible in the circumstances, given how seriously the courts take these charges. Criminal lawyers at Coates Davey Solicitors work with you every step of the way and break down the process, so you know what to expect and how best to prepare.
The Directors of Coates Davey Solicitors, Philip Coates and Elizabeth Davey pride themselves on being approachable and passionate, tailoring each client’s experience to suit their specific needs and working tirelessly on all cases. Elizabeth heads the Brisbane criminal Lawyers team, who appear all throughout Queensland.
Contact Coates Davey Solicitors today on 07 3181 5668 or [email protected] for a free no-obligation consultation to discuss how we can best assist you.
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For further information, please contact our friendly team at Coates Davey Solicitors by phone on 07 3181 5668 or email [email protected].