Breaches of Domestic Violence Orders

If you or a family member are accused of breaching a domestic violence order it is common to feel the weight of the resources in favour of police and prosecutors. The resources governments can deploy against a single person can be immense – and daunting.

We have lawyers who have substantial experience in litigating domestic violence issues in courts, including for alleged breaches of domestic violence orders. Our law firm has lawyers with experience in litigating domestic violence cases at all levels – from straightforward cases in the Magistrates Court right through to complex trials in the Supreme Court and criminal appeals in the High Court of Australia.

Having the right legal team can be essential in safeguarding against an abuse of process or miscarriage of justice. The best lawyers who represent people facing allegations of committing domestic violence should protect the rights and interests of their clients as far as possible. If you want the best legal advice or representation available from one of the leading criminal law firms in Queensland, contact our team today.

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A POINT OF DIFFERENCE

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors, meaning they have significant courtroom experience across Queensland.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your criminal law issue.

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Free Case Assessment – Contact Our Firm Today

Call one of our domestic violence lawyers for a free, no-obligation initial review of the issues you face. It costs nothing to find out why we are the lawyers you can trust.

If you engage us to assist you, our lawyers will assist you every step of the way. We:

  • inform you of your legal rights and entitlements.

  • inform you of your legal responsibilities.

  • obtain information that tests the credibility or reliability of any allegations made against you.

  • provide strong advocacy of your behalf in court, including to advance any defences that you may have to any charges arising out of an alleged breach of an order.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the interests of a person in any court proceeding. If you want advice you can trust from a respected law firm, contact Anderson Fredericks Turner.

WHY CHOOSE US

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors, meaning they have significant courtroom experience across Queensland.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your criminal law issue.

Read more
Call Our Lawyers

Free Case Review

Call one of our domestic violence lawyers for a free, no-obligation initial review of the issues you face. It costs nothing to find out why we are the lawyers you can trust.

If you engage us to assist you, our lawyers will assist you every step of the way. We:

  • inform you of your legal rights and entitlements.

  • inform you of your legal responsibilities.

  • obtain information that tests the credibility or reliability of any allegations made against you.

  • provide strong advocacy of your behalf in court, including to advance any defences that you may have to any charges arising out of an alleged breach of an order.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the interests of a person in any court proceeding. If you want advice you can trust from a respected law firm, contact Anderson Fredericks Turner.

To book a consultation with one of our lawyers Call Now – 24 Hour Emergency Contact

Breaches of Domestic Violence Orders

What is a Domestic Violence Offence?

What is a ‘Domestic Violence Offence’?

The term ‘Domestic Violence Offence’ has a specific definition in Queensland. The Criminal Code 1899 (Qld) makes it an aggravating circumstance for many criminal offences, such as violent offences or sexual offences. The fact of it being a ‘Domestic Violence Offence’ aggravates the penalty that might otherwise be imposed. The criminal history of a person will also record it as a ‘Domestic Violence Offence’.

Charges for Breaching a Domestic Violence Order

Charges for Breaching a DVO

While the making of a domestic violence order is a ‘civil’ order, breaching it carries ‘criminal’ consequences. The Domestic and Family Violence Protection Act 2012 (Qld) creates charges for breaching a domestic violence order. For anybody subject to a domestic violence order, understanding how such orders may be breached and the defences that may or may not apply is important.

The 'Victim Rule' for Domestic Violence Breaches

The ‘Victim Rule’ and Domestic Violence

The ‘Victim Rule’ is often applied to breaches of domestic violence orders, which sees the aggrieved not charged despite being ‘complicit’. The principle derives from the notion that laws created to protect a particular class of person should not be used to prosecute a person that falls within that class. Essentially, a victim should not be charged for an offence committed against them even if they cooperate in it.

Penalties for Breaching a Domestic Violence Order

Penalties for Breaching a DVO

The Domestic and Family Violence Protection Act 2012 (Qld) creates offences for breaching a domestic violence order. In Queensland, such offences carry imprisonment as part of the possible penalties a court may impose. Understanding the way in which a court approaches sentencing for domestic violence offences can assist people to understand the penalties that they may face for any charges they may face.

Domestic Violence: Impact on Bail Decisions

DVO: Impact on Bail Decisions

In Queensland, the Bail Act 1980 (Qld) sets out the powers of police and courts to grant bail. For cases involving certain offences involving domestic violence, the onus is placed on the person applying for bail to show cause why their further detention in custody is not justified. There are other important consequences for a person who seeks or is granted bail when a domestic violence issues are involved.

Consequences of Convictions

Consequences of Convictions

There are many different consequences that can follow for a person convicted of committing domestic violence or breaching a domestic violence order. In some cases, consequences can be easy to foresee. In other cases, it can be difficult to know the different ways a conviction will impact a person in their future. For people interested to know more about the consequences of a conviction for them, contact our team.

Breaches of Domestic Violence Orders

What is a Domestic Violence Offence?

The term ‘Domestic Violence Offence’ has a specific definition in Queensland. The Criminal Code 1899 (Qld)makes it an aggravating circumstance for many criminal offences, such as violent offences or sexual offences. The fact of it being a ‘Domestic Violence Offence’ aggravates the penalty that might otherwise be imposed. The criminal history of a person will also record it as a ‘Domestic Violence Offence’.

Call Our Lawyers
Charges for Breaching a Domestic Violence Order

While the making of a domestic violence order is a ‘civil’ order, breaching it carries ‘criminal’ consequences. The Domestic and Family Violence Protection Act 2012 (Qld) creates charges for breaching a domestic violence order. For anybody subject to a domestic violence order, understanding how such orders may be breached and the defences that may or may not apply is important.

Call Our Lawyers
The 'Victim Rule' for Domestic Violence Breaches

The ‘Victim Rule’ is often applied to breaches of domestic violence orders, which sees the aggrieved not charged despite being ‘complicit’. The principle derives from the notion that laws created to protect a particular class of person should not be used to prosecute a person that falls within that class. Essentially, a victim should not be charged for an offence committed against them even if they cooperate in it.

Call Our Lawyers
Penalties for Breaching a Domestic Violence Order

The Domestic and Family Violence Protection Act 2012 (Qld) creates offences for breaching a domestic violence order. In Queensland, such offences carry imprisonment as part of the possible penalties a court may impose. Understanding the way in which a court approaches sentencing for domestic violence offences can assist people to understand the penalties that they may face for any charges they may face.

Call Our Lawyers
Domestic Violence: Impact on Bail Decisions

In Queensland, the Bail Act 1980 (Qld) sets out the powers of police and courts to grant bail. For cases involving certain offences involving domestic violence, the onus is placed on the person applying for bail to show cause why their further detention in custody is not justified. There are other important consequences for a person who seeks or is granted bail when a domestic violence issues are involved.

Call Our Lawyers
Consequences of Convictions

There are many different consequences that can follow for a person convicted of committing domestic violence or breaching a domestic violence order. In some cases, consequences can be easy to foresee. In other cases, it can be difficult to know the different ways a conviction will impact a person in their future. For people interested to know more about the consequences of a conviction for them, contact our team.

Call Our Lawyers