How Can a DVO Be Breached?

A Domestic Violence Order can be breached if the respondent commits any conduct prohibited by the order, whether that be a consent order or an order made by the court after a hearing. A DVO breach will result in the respondent being charged with Contravention of Domestic Violence under section 177 of the Domestic and Family Violence Protection Act 2012 which states:

• This section applies if a respondent against whom a domestic violence order has been made:
  • was present in court when the order was made; or
  • has been served with a copy of the order; or
  • has been told by a police officer about the existence of the order.
• The respondent must not contravene the order. Maximum penalty —
  • if, within 5 years before the commission of an offence against this subsection, the respondent has been previously convicted of a domestic violence offence —240 penalty units or 5 years imprisonment; or
  • otherwise — 120 penalty units or 3 years imprisonment.

What the Police Must Prove

The police must prove each of the following elements of the charge:

• the person is a respondent against whom a DVO has been made
• the person was either:
  • present in court when the order was made; or
  • has been served with a copy of the order; or
  • has been told by a police officer about the existence of the order;
  • the person committed the conduct prohibited by a condition of the order. i.e. contacted the aggrieved.

What is the Likely Sentence?

A minor breach of an order such as sending a text to an aggrieved will usually result in either a small fine or, with excellent references and strong submissions from your legal representative, a bond to be of good behaviour.

If the breach is minor and you have no criminal record, you may avoid a conviction being recorded.

If the breach involves a serious assault against the aggrieved, the courts are far more likely to impose a more serious sentence and often consider long probation periods or even terms of imprisonment for repeat offenders.

For advice or representation in any legal matter, please contact Armstrong Legal.