Domestic violence order violation QLD

A domestic violence order violation is a crime involving the violation of a condition of a protection order or temporary protection order

As outlined in the Domestic and Family Violence Protection Act 2012, Queensland. An order of protection, or temporary protection, is one issued by a court that provides protection from domestic violence committed by a person (the aggrieved) whose relationship with that person is relevant.

Domestic violence orders are contravened if the respondent:

  • Attended the hearing when the order was issued; or
  • Has received a copy of the order; or
  • Has been informed of the existence of the order by a police officer

In order to comply with the order, the respondent must comply with all the conditions, including:

  • You should refrain from engaging in any form of domestic violence against the aggrieved or anyone named in the complaint
  • Neither contacting nor approaching the aggrieved or any named individual
  • Avoiding going within a certain distance of the aggrieved’s residence, workplace, or other location
  • Possession of no firearms or weapons
  • Participating in counseling or intervention programs

Contravention of a domestic violence order may result in the following penalties:

  • A maximum penalty of 240 penalty units or 5 years imprisonment may be imposed if the respondent has been convicted of domestic violence within five years of the commission of the offense; or
  • 120 penalty units or 3 years imprisonment, otherwise

Domestic violence is defined as an offence that involves the following elements:

  • Inflicting personal injury on another person or threatening to do so
  • The act of coercing or attempting to coerce another person into engaging in sexual activity
  • Threatening to damage a person’s property
  • Threatening to deprive a person of their liberty
  • Threatening a person with harm or death to themselves, their children, or another individual
  • To threaten suicide or self-harm in order to torment, intimidate, or frighten another individual

Any other behavior that constitutes domestic violence in accordance with the Act.

An act of domestic violence is the behavior of a person toward another person with whom he or she is in a relationship in which the following occurs:

  • Is physically or sexually abusive; or
  • Is emotionally or psychologically abusive; or
  • Is economically abusive; or
  • Is threatening; or
  • Is coercive; or

In any other way controls or dominates the second person and causes them to fear for their safety or wellbeing or that of someone else

  • A relevant relationship means:
  • An intimate personal relationship; or
  • A family relationship; or
  • An informal care relationship

Defendants charged with violating a domestic violence order should obtain legal advice as soon as possible. Defenses may include:

A domestic violence order violation is a crime involving the violation of a condition of a protection order or temporary protection order, as outlined in the Domestic and Family Violence Protection Act 2012, Queensland. An order of protection, or temporary protection, is one issued by a court that provides protection from domestic violence committed by a person (the aggrieved) whose relationship with that person is relevant.

Domestic violence orders are contravened if the respondent:

  • Attended the hearing when the order was issued; or
  • Has received a copy of the order; or
  • Has been informed of the existence of the order by a police officer

In order to comply with the order, the respondent must comply with all the conditions, including:

  • You should refrain from engaging in any form of domestic violence against the aggrieved or anyone named in the complaint
  • Neither contacting nor approaching the aggrieved or any named individual
  • Avoiding going within a certain distance of the aggrieved’s residence, workplace, or other location
  • Possession of no firearms or weapons
  • Participating in counseling or intervention programs

Contravention of a domestic violence order may result in the following penalties:

  • A maximum penalty of 240 penalty units or 5 years imprisonment may be imposed if the respondent has been convicted of domestic violence within five years of the commission of the offense; or
  • 120 penalty units or 3 years imprisonment, otherwise

Domestic violence is defined as an offence that involves the following elements:

  • Inflicting personal injury on another person or threatening to do so
  • The act of coercing or attempting to coerce another person into engaging in sexual activity
  • Threatening to damage a person’s property
  • Threatening to deprive a person of their liberty
  • Threatening a person with harm or death to themselves, their children, or another individual
  • To threaten suicide or self-harm in order to torment, intimidate, or frighten another individual

Any other behavior that constitutes domestic violence in accordance with the Act.

An act of domestic violence is the behavior of a person toward another person with whom he or she is in a relationship in which the following occurs:

  • Is physically or sexually abusive; or
  • Is emotionally or psychologically abusive; or
  • Is economically abusive; or
  • Is threatening; or
  • Is coercive; or

In any other way controls or dominates the second person and causes them to fear for their safety or wellbeing or that of someone else

  • A relevant relationship means:
  • An intimate personal relationship; or
  • A family relationship; or
  • An informal care relationship

Defendants charged with violating a domestic violence order should obtain legal advice as soon as possible. Defenses may include:

  • A lack of understanding of the order’s terms and conditions
  • An honest and reasonable error of fact
  • In the event of duress or necessity
  • Situations that require immediate attention