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As a mum, I know what it’s like to carry the weight of the world on your shoulders. We’re the ones who hold it all together—creating calm in the chaos, wrapping our little ones in love, and doing everything we can to keep them safe. But when domestic violence enters your life, it can turn your whole world upside down. The fear, the confusion, the heartbreak—it’s a storm you never imagined you’d be standing in.
If you’re here because you’re navigating a Domestic Violence Order (DVO)—or someone you care about is—please know this: you are not alone. You’re doing the best you can in an incredibly hard situation. Just reaching out, reading this, looking for answers—that takes courage. And that matters.
This isn’t just a legal guide. It’s a soft place to land in a moment that feels anything but soft. I’ve put this together to help you understand what a DVO is, what it means when it’s breached, and most importantly, what you can do next. Whether you’re protecting your kids, trying to make sense of your rights, or just taking the next small step forward—I hope what you read here feels like support. Because you deserve to feel supported, heard, and safe.
What to Do if You’re the Protected Person
If you’re the protected person and the DVO has been breached, your safety is the most important thing. Don’t hesitate to call 000 immediately if you believe you or your child are in immediate danger. It’s okay to feel scared or uncertain, but your safety matters above all else.
If you feel safe enough to report the breach, be sure to let the police know:
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What happened
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When and where the breach occurred
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If there were any witnesses
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Whether anyone else, like a doctor or the Department of Child Safety, was involved
The more details you can provide, the better. You deserve to feel empowered in this process, and the police are there to protect you.
Can a Protected Person Breach a DVO?
It may sound surprising, but a protected person can technically breach a DVO. However, it’s crucial to remember that breaching the DVO isn’t the right thing to do. As a protected person, it’s just as important for you to follow the order as it is for the person named in the DVO. By doing so, you’re not only protecting yourself and your children, but you’re also ensuring that the defendant is held accountable for their actions.
What Happens If You Breach a DVO?
If you’re reading this, it’s likely because you’re facing a tough reality. A breach of a Domestic Violence Order (DVO) can feel incredibly stressful and confusing. The reality is, breaching a DVO is a serious matter, and the consequences can be significant—but it’s also important to understand that there are steps you can take to protect yourself and your family.
Under the Domestic and Family Violence Protection Act 2012 in Queensland, breaching a DVO is considered a criminal offense. This means that if you’re charged with breaching a DVO, you will have to appear in court. But that doesn’t mean you’re without options. It’s okay to feel unsure, but you have a right to seek legal advice and make sure your voice is heard.
In court, you’ll be asked to plead either guilty or not guilty, and depending on your situation, your lawyer can help you determine the best path forward. It’s important to understand what could happen depending on your plea:
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For a first breach, the penalty can be a fine of up to $14,136 or up to 3 years in prison.
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For a second breach, the penalty can be a fine of up to $28,272 or up to 5 years in prison.
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In some cases, community service or a good behaviour bond may be ordered.
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There’s also the possibility of a criminal record.
It’s a lot to process, but take a deep breath and remember that you don’t have to go through this alone. A domestic violence lawyer can work with you to navigate these charges and help you understand if there’s a chance for reduced penalties.
What to Do if You’ve Breached a DVO
If you’ve been charged with breaching a DVO, the first thing to do is seek legal advice as soon as possible. It’s normal to feel anxious or overwhelmed, but remember that you have the right to speak to someone who understands the ins and outs of domestic violence law and can support you through the process.
There are a couple of common defences for those charged with breaching a DVO:
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You didn’t know about the DVO: You must be properly notified when a DVO is issued. This can happen in a few ways—by receiving a copy of the order, being present in court when the order was made, or being notified by a police officer. If you can prove that you weren’t properly notified, this could impact the case in your favour.
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There was an extraordinary emergency: Sometimes, life throws unexpected challenges our way, and in rare cases, an emergency could justify breaching a DVO. This might include needing to act quickly to protect someone’s life or safety. However, it’s important to know that proving this can be tough, and it will depend on the details of your case. Working with a lawyer can help you figure out your options here.
Find Support and the Right Domestic Violence Lawyers Today
Dealing with a Domestic Violence Order and the consequences of a breach can be incredibly challenging, but please know, you don’t have to face it alone. Whether you’re the protected person or the respondent, navigating the legal system can feel overwhelming. That’s why it’s so important to have the right people in your corner.
A DVO breach should always be taken seriously, and seeking legal advice is one of the most important steps you can take. Donnelly Law Group are experienced domestic violence lawyers who specialise in handling DVO breaches across Queensland. With a compassionate approach and a deep understanding of domestic violence law, their team will work with you to understand your options and fight for the outcome you need.
You deserve to feel safe, supported, and heard every step of the way. Don’t hesitate to take that next step—support is here, and help is available.
