A person who breaches the term of a domestic violence protection order (DVO) may be subject to an prosecution by the police.

A DVO refers to either a protection order or a temporary protection order. A DVO usually lasts for two years and may be registered in any state or territory of Australia (or New Zealand). The DVO itself does not create a criminal

record against a respondent because it is a civil application (even if the original application is made by the police on behalf of aggrieved), however if a respondent later breaches the DVO then it may be prosecuted by the police as a criminal matter.

If a court has made a DVO, the respondent must be of good behaviour and must not commit acts of domestic violence or associated domestic violence and the respondent must comply with any other conditions imposed by the court and stated in the order.

Under the law, “Domestic Violence” includes:-

          (a) wilful injury;

          (b) wilful damage to the other person's property;

          (c) intimidation or harassment of the other person;

          (d) indecent behaviour to the other person without consent; and/or

          (e) a threat to commit an act mentioned in paragraphs (a) to(d).

A respondent committing the domestic violence need not personally commit the act, it is enough if they procure another person to do so on their behalf.

The maximum penalty for breaching a DVO is $4,000 or 1 year’s imprisonment. If a respondent has previously been convicted on at least two different occasions, within the previous three years (prior to the current offence), for breaching a DVO the maximum penalty increases to 2 years imprisonment.

If you are charged with breaching a DVO it does not mean you are guilty of the offence, further, it does not mean that you will receive the maximum penalty or that you will receive a jail sentence, however, as the penalties for these offences have serious consequences, you should always seek legal representation when appearing upon such a charge.

Well thought out submissions and arguments before a Magistrate can, in our experience, significantly reduce the penalty or sentence.