Domestic Violence Breaches

Domestic Violence

Domestic violence remains a topic of significant media and public interest in Queensland, and police have no hesitation in charging people for contravening protection orders or police directions. Since the “Not Now, Not Ever” report, Queensland has steadily expanded both the powers police have to intervene and the range of conduct that can be prosecuted, including a wave of reforms between 2023 and 2026 covering coercive control, bail, and a new type of police-issued direction (below).

Domestic Violence Orders and Police Protection Notices

A Domestic Violence Order (DVO), also called a protection order, is made in the Magistrates Court, usually on an application filed by police. Where police believe someone needs immediate protection, they can issue a Police Protection Notice (PPN) on the spot under section 101 of the Domestic and Family Violence Protection Act 2012 (Qld), without a court hearing. A PPN takes effect immediately and operates as the application for a full DVO, which a magistrate then decides at your first court date. Contravening a PPN is itself a separate criminal offence under section 178 of the Act.

Once a DVO or PPN is in place, the normal conditions are that you must be of good behaviour and not commit any acts of domestic violence. Often there will be additional conditions, such as not contacting or approaching the aggrieved and named persons such as children or relatives. A breach can be as simple as being in the presence of the aggrieved when you shouldn’t, or sending an angry SMS, or it might involve a verbal argument or physical confrontation.

A protection order generally lasts for 5 years unless the court is satisfied there are reasons to make it for a shorter period (s 97 of the Act).

Police Protection Directions: a new power since 1 January 2026

Since 1 January 2026, police have had a further option: a Police Protection Direction (PPD), introduced by the Domestic and Family Violence Protection and Other Legislation Amendment Act 2025. A PPD lets police impose protective conditions on a respondent (such as good behaviour, no-contact, cool-down or ouster conditions) for up to 12 months, without applying to a court at all. It isn’t a criminal conviction and isn’t a court order, but contravening a PPD is itself a criminal offence under section 177A of the Act, with a maximum penalty of 120 penalty units ($20,724) or 3 years’ imprisonment, the same as breaching a PPN. If you’ve been served with a PPD, treat its conditions as binding immediately, even if you intend to dispute it; see Queensland Police Service’s guidance on reviewing a PPD for how a review works.

Coercive control: a separate offence from breaching a DVO

Since 26 May 2025, coercive control has also been a standalone criminal offence in Queensland (separate from, and often charged alongside, a DVO breach). Under section 334C of the Criminal Code (Qld), inserted by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, it’s an offence for an adult to engage in a course of conduct: more than one occasion of domestic violence, intended to coerce or control a person they’re in a domestic relationship with, and reasonably likely to cause that person harm. It carries a maximum penalty of 14 years’ imprisonment.

The key difference from a DVO breach: coercive control doesn’t require a protection order to already be in place, and it targets a pattern of controlling behaviour rather than a single incident. It can be charged whether or not a DVO exists, and whether or not any individual incident within the pattern would be enough to charge on its own. See our full explainer on coercive control for the elements, defences and how it interacts with a DVO breach charge.

What is the maximum penalty for breaching a DVO?

A DVO breach is a criminal offence under section 177 of the Domestic and Family Violence Protection Act 2012. As at 1 July 2026, when the penalty unit rose to $172.70:

These are maximums, not automatic outcomes. Most breaches are dealt with in the Magistrates Court, which considers the nature of the breach and your history in deciding how seriously to treat it. A breach can also affect your bail: it’s sometimes, but not automatically, a “show cause” offence. For the full picture on arrest, bail and how the charge proceeds, see our step-by-step guide to what happens after a DVO breach.

If the breach is serious, or you have a bad history, we make sure you’re presented in the best possible light. We link you to providers of behavioural change programs, enrol you in anger management courses, arrange drug and alcohol counselling where relevant, and arrange reports from psychologists or psychiatrists. References from friends, family and employers can also make a real difference to the outcome.

Why you should choose George Criminal Lawyers

It is extremely important not to approach these sorts of charges as being trivial. The courts often send people to jail for serious or repeated breaches of DVOs, even for first-time offenders. Using an inexperienced lawyer can mean you end up behind bars or facing an uncertain future because of a conviction on your record. We have a decade of experience representing clients from all walks of life through these charges.

If you want to defend the charge, it’s important to use a careful and experienced lawyer who understands the evidence and how it can be used. Just because police say you weren’t of good behaviour doesn’t mean they’re right. Our approach gives you the best chance of a favourable outcome, and we also defend related assault and violence charges arising from the same incident.

If you or a family member has been contacted by police about a DVO, PPN, PPD or coercive control allegation, contact us for confidential, non-judgmental advice, available 24/7 for urgent matters.