Domestic violence offences in Queensland

The four charges that come up most

• Contravention of a domestic violence order, DFVPA section 177. The prosecution must prove a valid order existed, that you were served or present when it was made, and that you did something the order prohibited. Intention to breach is not an element. A single text message can be a contravention.
• Contravention of a police protection notice or a police protection direction under the DFVPA. Police protection directions started on 1 January 2026 and can be issued by police without any court appearance. Breaching one is a criminal offence and carries the same practical consequences as breaching a court order. See our police protection directions guide.
• Choking, suffocation or strangulation in a domestic setting, Criminal Code section 315A. Maximum 7 years. Applying pressure to the neck that partially restricts breathing or blood flow is enough. No injury and no loss of consciousness is required.
• Coercive control, Criminal Code section 334C. In force since 26 May 2025. A course of conduct consisting of domestic violence, engaged in with intent to coerce or control, that would be reasonably likely to cause harm. Maximum 14 years imprisonment.

What a domestic violence flag does

If a court is satisfied an offence is also an act of domestic violence, section 12A of the Penalties and Sentences Act 1992 (Qld) requires that fact to be entered on your criminal history. It stays there. Under section 9(10A), the domestic violence context is treated as an aggravating factor unless exceptional circumstances apply.

The practical consequences reach well past the sentence. A DV entry affects blue card and yellow card eligibility, firearms licensing under the Weapons Act 1990 (Qld), some visa applications, and how a Federal Circuit and Family Court judge assesses risk in a parenting matter. Treat a first breach as a serious matter even where the conduct seems trivial, because the record is permanent.

Defences and the arguments that work

There is no general defence of "the aggrieved invited me over". Section 177 has a narrow reasonable excuse element for some contraventions, and it is read narrowly. What actually works:

• Service and knowledge. If you were not present when the order was made and were never properly served, the prosecution has a real problem. Check the service documents rather than assuming.
• The terms of the order. Standard conditions prohibit domestic violence. They do not automatically prohibit contact. If the order carried no ouster or no contact condition, sending a message about a child handover may not breach anything.
• Consent, for section 315A. The section is expressly limited to acts done without consent.
• Course of conduct, for section 334C. A single incident is not coercive control. The prosecution must prove a course of conduct and the intent to coerce or control.
• Section 24 mistake of fact. Available in some contravention cases, for example where you honestly and reasonably believed the order had been varied.

How the criminal and civil matters interact

A criminal charge and an application for a protection order run in separate proceedings, often listed on the same day in the same court. Do not consent to an order without understanding that admissions made in the civil proceeding can complicate the criminal one. It is usually possible to consent to a protection order without admitting the allegations, but the sequencing matters and should be advised on before you walk into the courtroom.

Our wider domestic violence and DVO section deals with the protection order application itself, police protection directions, variations and appeals.