Protection Orders made under the Domestic and Family Violence Protection Act 2012 must be complied with by the Respondent for the entire period of the Order.

An Order takes effect from the day that it is made (or served on the Respondent by police if it is made ex-parte).  An Order ends on a date as stated by the Court, usually 2 years or more after the date that the Order is made.

It is an offence to contravene a condition of a Domestic Violence Order (section 177 of the Act). All contravention charges are prosecuted and finalised in the criminal jurisdiction of the Court.  A conviction in relation to a contravention offence is recorded on a defendant’s Criminal History: Court Outcomes Sheet.

If convicted of a contravention, the maximum penalty that can be imposed on a defendant is a fine of $6,600 or 2 years imprisonment.  In circumstances where a defendant has, in the last 5 years prior, been convicted of an earlier contravention offence, the maximum penalty increases to a fine of $13,200 or 3 years imprisonment.

The Magistrates Court will have regard to imposing a penalty on a defendant which could include any of the following:-

  • No further punishment
  • Good Behaviour Bond
  • Fine
  • Probation
  • Community Service
  • Intensive Correction Order
  • Imprisonment (partly or wholly suspended)
  • Imprisonment with parole (immediate release or parole eligibility)

In circumstances where defendants commit ongoing offences of a contravention of a Domestic and Family Violence Order, the penalty imposed is likely to increase.

Many contravention offences occur in circumstances where there is an underlying cause.  Often defendants commit offences when they are under the influence of alcohol or drugs.  Some offences are committed in circumstances where a defendant has become depressed, anxious or stressed/upset/ agitated about an issue and act impulsively.

A new diversion program has been introduced by the Queensland Police Service who have partnered with Queensland University of Technology (QUT).  Suitable defendants can be referred to the QUT Psychology Clinic’s ‘Positive Change’ program.  The program is designed to identify underlying causes of domestic violence behaviour and provide strategies to defendant’s to deal with the underlying causes or avoid further offending behaviour in the future.

In order to participate in the diversion program a defendant must plead guilty to the alleged offence.

If you are charged with a contravention offence, call Robertson O’Gorman Solicitors in order to obtain legal advice about the charge and whether you are suitable for referral program.