DOMESTIC VIOLENCE OFFENCES

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Domestic violence includes a range of behaviour which are dominating, controlling or cause a person to fear for their wellbeing safety or that of someone else. A common misconception is that domestic violence is always physical violence. This could not be further from the truth.

In order for behaviour to be classed as ‘domestic violence’ the Court must be satisfied that you were in a relevant relationship with the person complaining of the behaviour. Some examples of behaviour that is considered to be domestic violence include:-

Physical or sexual abuse;
Emotional or psychological abuse;
Economic abuse;
Coercive behaviour; and
Threatening behaviour.

If domestic violence has occurred, an Application for a Protection Order may be filed by a person seeking protection or by an authorised person under the legislation, such as a Police Officer on behalf of a person. The person classed as being in need of protection, is known as the Aggrieved and the person that the application is against, is known as the Respondent.

If a Protection Order is made by a Magistrate, the Order will require the Respondent to be of good behaviour towards the Aggrieved and not commit acts of domestic violence against the Aggrieved or a named child/associate on the Order. The Protection Order can also include other conditions such as no contact, prohibitions on attending the Aggrieved’s residence or workplace and not locating the Aggrieved.

A Protection Order is a civil matter. However, if you breach an Order, you will be charged with a criminal offence.

Applying for a Protection Order
Responding to an Application for a Protection Order
Contravention of a Protection Order
Breach of a Police Protection Notice (PPN)

Applying for a Protection Order

If you have been suffering domestic violence, the Queensland Police Service may apply for a Protection Order on your behalf. If the police are unable to assist you, you should consider making a private application on your own behalf. Our experienced team can assist you with drafting your Application for a Protection Order and represent you through the process. Applying for a Protection Order can be extremely confronting and upsetting and having the right team in your corner can make the world of difference. A Protection Order is commonly referred to as a “DVO”.

Responding to an Application for a Protection Order

It can be distressing and confronting to have allegations of domestic violence made against you. There are always two sides to every story and our experienced team can ensure that the allegations are explained to you. We can also ensure that all options available to you are explained and that you have the opportunity to tell your side of the story.

If you have been named as the Respondent in an Application for a Protection Order, it is extremely important that you seek legal advice and attend Court on the nominated date. A failure to do so can have serious consequences for you and sometimes, your employment.

Contravention of a Protection Order

If a Protection Order or a Temporary Protection Order is not complied with, you may be charged with contravening (breaching) the Order. An aggrieved cannot breach the Order. However, if you are named as the Respondent, you can breach the Order.

A contravention of a Protection Order is classed as a criminal matter. If you are convicted of contravening a Protection Order, the offence may appear on your criminal history. The penalty imposed by the Court will depend on your criminal history and the individual circumstances which give rise to the offence. Depending on the penalty imposed, a conviction can seriously affect your personal circumstances and/or your employment.

The Magistrate can vary the Protection Order in addition to any other penalty that is imposed. This can include adding stricter conditions to the Order or extending it for a further period of time. Your consent is not required to vary the Protection Order.

Which court will hear my matter?

Your matter will be heard in the Magistrates Court.

What is the maximum penalty?

The maximum penalty for contravening a Protection Order is 3 years imprisonment. However, if you have been convicted of breaching the Order in the preceding 5 years, the maximum penalty will increase to five years imprisonment.

If you are charged with contravening a Protection Order, you should seek legal advice immediately.

Breach of a Police Protection Notice (PPN)

A Police Officer has the power to issue a PPN if they reasonably believe that a person has committed an act of domestic violence. There is legislation that requires Police Officers to issue a PPN in certain circumstances. A PPN will provide temporary protection to an Aggrieved until a Magistrate is able to consider the matter.

If you are issued with a PPN, you will be required to be of good behaviour to the Aggrieved and not commit acts of domestic violence against the Aggrieved. The PPN can also include other conditions such as no contact, prohibitions on attending the Aggrieved’s residence or workplace and not locating the Aggrieved.

What court will hear my matter?

Your matter will be heard in the Magistrates Court.

What is the maximum penalty?

The maximum penalty for breaching a PPN is three years imprisonment.

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