Domestic Violence Offences

Under section 177 of the Domestic and Family Violence Protection Act 2012 (the Act), a respondent to a domestic violence order must not contravene the order. The section only applies if the respondent knows about the order because they were in court at the time it was made, or they have been served with a copy of the order, or a police officer has told them about the order.

A police officer must make the complaint that an order has been breached. An aggrieved may approach the officer with evidence that the contravention as occurred. Proceedings for breaches of domestic violence orders must commence within one year of the offence being committed, or within one year of the complainant becoming aware of the breach. Proceedings cannot commence more than two years after the breach has occurred.

Furthermore, under section 180 of the Act, an aggrieved or other person named in a domestic violence order is not punishable because they encourage, permit or authorise the respondent to contravene the order. The respondent is entirely responsible for their own actions.

Offenders that breach domestic violence orders face a penalty of up to 120 penalty units or 3 years imprisonment. If the offender committed a domestic violence offence within the five years leading up to the breach for which they are now prosecuted, they face up to 240 penalty units or 5 years imprisonment.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.

The Queensland Parliament passed laws in 2015 which allow a court to record the convictions of domestic violence offences. Previously, a person’s criminal history did not state whether an offence was committed in domestic circumstances.

This is particularly relevant if the person is convicted of an offence that would not normally be considered a domestic violence offence, for example, assault. If the offender is convicted of a contravening a domestic violence order, they will face a higher penalty if they have been convicted of a domestic violence offence within the last five years.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.

Under section 178 of the Domestic and Family Violence Protection Act 2012 (the Act), a respondent to a police protection notice must not contravene the notice. If prosecuted with this offence, the court is required to consider whether the notice was issued in substantial compliance with part 4, division 2 of the Act. A police protection notice is a notice that police officers have the power to issue without attending court. These notices require approval of supervising police officers. All notices require a respondent to be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved. Notices may also include a ‘cool-down condition’ which allows police to prohibit a respondent from entering premises, or approaching or contacting the aggrieved. Cool-down conditions can only last for up to 24 hours.

A police officer must make the complaint that an order has been breached. An aggrieved may approach the officer with evidence that the contravention as occurred. Proceedings for breaches of police protection notices must commence within one year of the offence being committed, or within one year of the complainant becoming aware of the breach. Proceedings cannot commence more than two years after the breach has occurred.

Furthermore, under section 180 of the Act, an aggrieved or other person named in a domestic violence order is not punishable because they encourage, permit or authorise the respondent to contravene the order. The respondent is entirely responsible for their own actions.

Offenders that breach police protection notices face a penalty of up to 60 penalty units or 2 years imprisonment.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.

Under section 179 of the Domestic and Family Violence Protection Act 2012 (the Act), a respondent to release conditions for their early release under section 125 of the Act must not contravene those conditions. Section 125 applies where it is not reasonably practicable to bring a respondent before a court for the hearing of an application for a protection order, and where a police officer has not obtained a temporary protection order. The section outlines a number of conditions for the respondent’s release, including:

• The person must not use a weapon
• The person must be of good behaviour towards the aggrieved
• The person must not commit domestic violence against the aggrieved

The conditions continue in force until the matter is decided in court.

A police officer must make the complaint that an order has been breached. An aggrieved may approach the officer with evidence that the contravention as occurred. Proceedings for the contravention of release conditions must commence within one year of the offence being committed, or within one year of the complainant becoming aware of the breach. Proceedings cannot commence more than two years after the breach has occurred.

Furthermore, under section 180 of the Act, an aggrieved or other person named in a domestic violence order is not punishable because they encourage, permit or authorise the respondent to contravene the order. The respondent is entirely responsible for their own actions.

Offenders that breach release conditions face a penalty of up to 60 penalty units or 2 years imprisonment.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.

Section 315A of the Criminal Code (Qld) makes it an offence to choke, suffocate or strangle another person without their consent. To constitute an offence against this particular section, the actions must be committed against a person with whom the person is in a domestic relationship with. Alternatively, the actions may come under the definition of ‘associated domestic violence’ which is defined in the Domestic and Family Violence Protection Act 2012 as meaning behaviour directed at a child, relative or associate of the aggrieved.

Assault is not an element of this offence.

The maximum penalty is 7 years imprisonment.

Robertson O’Gorman has extensive experience providing legal advice regarding domestic violence matters. Call us today on 3034 0000.