What Are the Penalties for Perpetrators of Domestic Violence in Queensland?

Domestic violence is a serious crime that can have devastating effects on individuals, families, and communities. 

In Queensland, the legal system takes a strong stance against domestic violence, with strict penalties for perpetrators who commit these offences. Understanding these penalties can help victims seek justice and provide clarity on the legal consequences for offenders.

In this blog, we’ll explore the penalties for perpetrators of domestic violence in Queensland, how the legal system handles these cases, and what steps victims can take to protect themselves.

What Is Considered Domestic Violence in Queensland?

Before diving into the penalties, it’s important to understand what constitutes domestic violence under Queensland law. Domestic violence isn’t limited to physical abuse; it includes a range of behaviours that can harm, intimidate, or control another person in a domestic relationship.

Examples of domestic violence include:

• Physical abuse: Hitting, slapping, pushing, or any other form of physical harm.
• Emotional or psychological abuse: Verbal threats, intimidation, manipulation, or gaslighting.
• Economic abuse: Controlling a person’s access to finances, preventing them from working, or withholding money.
• Coercive control: Isolating a person from friends and family, monitoring their movements, or controlling daily activities.
• Stalking and harassment: Repeated unwanted contact or following someone without their consent.

Domestic violence can occur in various relationships, including between spouses, de facto partners, family members, or carers.

How Is Domestic Violence Handled Legally in Queensland?

In Queensland, domestic violence cases are addressed under the Domestic and Family Violence Protection Act 2012. The law provides protective measures for victims and outlines the legal consequences for perpetrators.

Two primary legal avenues are used to address domestic violence:

1. Domestic Violence Protection Orders (DVPOs): These are court orders designed to protect victims by placing restrictions on the perpetrator’s behaviour.
2. Criminal Charges: In addition to protection orders, perpetrators may face criminal charges for specific acts of violence, such as assault, stalking, or property damage.

What Are the Penalties for Breaching a Domestic Violence Protection Order?

A Domestic Violence Protection Order (DVPO) is a legal document issued by the court that requires the perpetrator (the respondent) to stop committing acts of domestic violence and adhere to specific conditions, such as not contacting the victim or staying away from certain places.

Penalties for breaching a DVPO are severe in Queensland:

• First Offence: A maximum penalty of 3 years in prison or a fine of up to 60 penalty units (approximately $8,250).
• Subsequent Offence (within 5 years): A maximum penalty of 5 years in prison or a fine of up to 120 penalty units (approximately $16,500).

Breaching a DVPO is a criminal offence, and the courts take these violations seriously. Even if the victim consents to contact, the perpetrator can still be charged if they breach the terms of the order.

What Criminal Charges Can Perpetrators of Domestic Violence Face?

In addition to protection orders, perpetrators of domestic violence can face criminal charges depending on the nature and severity of their actions. Some common charges include:

1. Assault and Physical Violence

• Common Assault: Involves causing or threatening harm without serious injury.
  Penalty: Up to 3 years in prison.
• Serious Assault: Involves greater harm or assaulting a vulnerable person (e.g., a child or elderly person).
  Penalty: Up to 7 years in prison.
• Grievous Bodily Harm (GBH): Causing severe, long-term physical harm.
  Penalty: Up to 14 years in prison.

2. Stalking and Harassment

Stalking includes behaviours like following, contacting, or monitoring someone in a way that causes fear or distress.

Penalty: Up to 5 years in prison, or 7 years if the behaviour breaches a DVPO.

3. Coercive Control and Emotional Abuse

While coercive control isn’t yet a standalone offence in Queensland, elements of coercive behaviour, such as threats, intimidation, and emotional abuse, can lead to criminal charges under harassment or stalking laws.

4. Property Damage and Economic Abuse

Damaging a victim’s property or using financial control to manipulate or harm them can result in additional criminal charges.

Penalty for Wilful Damage: Up to 5 years in prison.

Aggravating Factors That Can Increase Penalties

Certain factors can lead to harsher penalties for perpetrators of domestic violence in Queensland. These include:

• Repeat Offences: Committing domestic violence repeatedly or breaching a protection order multiple times can result in more severe penalties.
• Involvement of Children: If children witness or are affected by domestic violence, the court may impose stricter penalties.
• Use of Weapons: Using weapons to threaten or harm a victim can lead to higher criminal charges and longer prison sentences.
• Serious Injury or Death: Cases involving grievous bodily harm or fatalities result in the most severe penalties, including lengthy prison terms.

What Support Is Available for Victims of Domestic Violence?

If you’re experiencing domestic violence, it’s important to know that help is available. The legal system in Queensland is designed to protect victims and provide pathways to safety.

Steps to take if you need protection:

1. Apply for a Domestic Violence Protection Order (DVPO): You can apply for a DVPO at your local Magistrates Court or with the assistance of the police. A family lawyer can also help you navigate the process.
2. Contact the Police: If you’re in immediate danger, call 000. The police can issue temporary protection notices and help you access emergency support services.
3. Seek Legal Advice: A family lawyer can guide you through the legal process, ensuring your safety and helping you understand your rights.
4. Access Support Services: Organisations like DVConnect and Relationships Australia offer counselling, shelter, and practical support for victims of domestic violence.

How Can a Family Lawyer Help with Domestic Violence Cases?

Navigating the legal system while dealing with the emotional impact of domestic violence can be overwhelming. A family lawyer can provide invaluable support by:

• Helping you apply for Domestic Violence Protection Orders (DVPOs).
• Representing you in court if the perpetrator contests the order.
• Advising on breaches of protection orders and the next legal steps.
• Assisting with related family law matters, such as parenting arrangements and property settlements.

Having a trusted legal professional by your side ensures that your rights are protected and that you’re supported throughout the process.

Legal Consequences and Support Options

Domestic violence is a serious crime with severe legal consequences in Queensland. Penalties for perpetrators include prison sentences, hefty fines, and criminal charges for specific acts like assault, stalking, and harassment. Breaching a Domestic Violence Protection Order can also result in significant legal repercussions.

If you’re experiencing domestic violence or need legal support, Simonidis Steel Lawyers is here to help. Our experienced family law team can guide you through the legal process, ensuring your safety and helping you secure the protection you need.

Contact Simonidis Steel Lawyers today for expert advice and support on domestic violence matters. Let us help you take the next step toward safety and justice.