Last update 14 March 2022
Breach of a domestic violence order
Breaching the conditions of a domestic violence order is a criminal offence. Once reported, police should investigate and if it can be proved the order was broken, the respondent can be charged with breaching the domestic violence order. They could also be charged with other criminal offences depending on the circumstances.
If a respondent is convicted of contravening an order, they can be sentenced to a term of imprisonment of up to three years or a fine of up to 120 penalty units (presently $137.85 per unit).
If a respondent is convicted of contravening an order and has within five years prior to that been convicted of a domestic violence offence, they could be sentenced to a term of imprisonment of up to five years or a fine of up to 240 penalty units.
Charging people with an offence
In addition to breaching a domestic violence order, police have many options in the Criminal Code Act 1899 (Qld) to charge people who commit domestic and family violence (DFV).
Below are a few examples of the types of charges that police can consider depending upon what happened and what can be proven by them:
- grievous bodily harm
- serious animal cruelty (where animals have been injured)
- indecent assault
One benefit of police charging someone with criminal charges is that an offender may be subject to strict bail conditions which, if breached, will result in them being placed into custody. This may enhance safety of a victim. The downside is participation in long legal processes including giving evidence which may add to someone’s trauma.
The pros and cons of making a complaint to police about criminal DFV behaviour is something that can be discussed with the legal services mentioned above or the non-government agencies that support victims of DFV.