When domestic violence is reported or a protection order application is filed, a range of legal outcomes are possible. The outcome in any particular case depends on the nature of the allegations, whether criminal charges are laid, whether a protection order is sought, and what happens in court. For anyone involved in domestic violence proceedings, whether seeking protection or responding to an application, understanding the possible outcomes is essential to making informed decisions.
If you are in immediate danger, call Triple Zero (000). Support is also available through DV Connect on 1800 811 811 and 1800 RESPECT on 1800 737 732, 24 hours a day, 7 days a week.
Two Separate Legal Pathways
Domestic violence proceedings can run along two distinct but sometimes overlapping pathways:
- Civil proceedings — the protection order process under the Domestic and Family Violence Protection Act 2012 (Qld) (the DFVP Act)
- Criminal proceedings — prosecution of criminal offences under the Criminal Code Act 1899 (Qld) or other legislation
These are not mutually exclusive. A domestic violence incident can result in both a civil DVO and criminal charges proceeding through the courts at the same time.
Civil Outcomes: Protection Order Proceedings
1. Temporary Protection Order Granted
Where there is an urgent need for protection, a Magistrate can grant a Temporary Protection Order (TPO) at the first mention of the application, often without the respondent being present. A TPO provides immediate protection while the matter proceeds to a full hearing. This is one of the most common first outcomes when a DVO application is made.
2. Consent Order — With or Without Admissions
Many DVO applications are resolved by agreement, without the need for a contested hearing. The respondent can agree to the DVO being made in one of two ways:
- Consent with admissions — the respondent agrees that domestic violence occurred and consents to the order
- Consent without admissions — the respondent agrees to the order being made but does not formally admit to the allegations
Consent orders are a common and practical outcome. Agreeing to an order without admissions is frequently recommended by lawyers for respondents who do not want to contest the order but also do not want to formally acknowledge the conduct alleged against them. The order has the same legal force regardless.
3. Final Protection Order Made After a Hearing
If the application is contested and proceeds to a full hearing, the Magistrate will hear evidence from both sides and decide whether to make a final DVO. For a final order to be made, the court must be satisfied that:
- The parties are in a relevant relationship under the DFVP Act
- Domestic violence has occurred, or the aggrieved reasonably fears it may occur
- The order is necessary or desirable for the aggrieved’s protection
If satisfied, the Magistrate will make a final DVO, typically lasting five years. The Magistrate will also decide what conditions are appropriate and whether children or other people should be named on the order.
4. Application Dismissed
A Magistrate may dismiss a DVO application if they are not satisfied that the grounds for making an order have been established. This can occur in contested matters where the evidence does not support the application, though it is less common.
5. Variation or Revocation of an Existing Order
Either party can apply to change the conditions of an existing DVO or to bring it to an end. If the court is satisfied that circumstances have changed sufficiently, it may vary or revoke the order. Courts approach these applications carefully, keeping the safety of the aggrieved person as the primary consideration.
Criminal Outcomes: Prosecution of Domestic Violence Offences
Many acts of domestic violence are also criminal offences. The criminal justice process runs separately from the DVO process and involves police, prosecutors, and the criminal courts.
Criminal Charges That May Be Laid
Depending on the conduct involved, a person may be charged with:
- Common assault — maximum penalty 3 years imprisonment in the Magistrates Court
- Assault occasioning bodily harm — up to 7 years imprisonment
- Grievous bodily harm — up to 14 years imprisonment
- Strangulation — non-fatal strangulation is a specific offence under section 315A of the Criminal Code Act 1899, carrying a maximum penalty of 7 years imprisonment
- Stalking — up to 5 years imprisonment, or more where threats or violence are involved
- Coercive control — a standalone criminal offence since 26 May 2025 under Hannah’s Law, carrying a maximum penalty of 14 years imprisonment
- Breach of a DVO — maximum 3 years imprisonment for a first offence, 5 years for subsequent offences
Possible Criminal Outcomes
No further action. In some cases, police may determine there is insufficient evidence to charge, or that the public interest does not support prosecution.
Guilty plea and sentencing. If the respondent pleads guilty, the court will impose a penalty. Domestic violence is an aggravating factor under the Penalties and Sentences Act 1992 (Qld), meaning courts must treat it seriously when sentencing. Penalties can range from fines and probation orders through to significant terms of imprisonment depending on the severity of the offending.
Not guilty plea and trial. If the respondent pleads not guilty, the matter proceeds to a hearing or trial. If convicted, they will be sentenced. If acquitted, the criminal charges are dismissed, though this does not necessarily affect any civil DVO that is in place.
Conviction recorded as a domestic violence offence. Where a person is convicted of an offence involving domestic violence, this is recorded on their criminal history as a domestic violence offence. This has implications for future proceedings, licensing matters, and employment in certain industries.
Perpetrator diversion programs. Courts have the power to order certain lower-risk offenders to participate in behaviour change programs as part of their sentence. Participation does not mean charges are removed from a person’s record.
Outcomes Relating to Children
Where children are involved, domestic violence proceedings can trigger additional outcomes:
- Children named on a DVO — protecting them from associated domestic violence or exposure to domestic violence
- Child Safety notification — police may notify the Department of Children, Youth Justice and Multicultural Affairs where they consider a child may be at risk
- Family law proceedings — domestic violence findings can significantly influence parenting orders in the Federal Circuit and Family Court of Australia, where the safety of children is the paramount consideration
Consequences for Respondents Beyond Court
The legal consequences of being a respondent in domestic violence proceedings extend beyond any penalty or order made in court. Respondents should be aware of the following potential consequences:
- Weapons licences — courts must consider a respondent’s access to weapons when making a DVO, and licences may be suspended or revoked
- Employment — a criminal conviction or recorded domestic violence offence can affect employment, particularly in healthcare, education, law enforcement, and other regulated industries
- Family law — findings or orders in DVO proceedings will be directly relevant to any family law proceedings about children or property
- Housing — an ouster condition in a DVO can require the respondent to vacate the family home immediately
The Importance of Legal Advice Early
The range of possible outcomes in domestic violence proceedings is wide. For victim-survivors, early legal advice ensures you seek the most effective protection available and that you understand how different proceedings interact. For respondents, early advice allows you to understand the full implications of what is happening, make informed decisions about how to respond, and protect your rights throughout the process.
Both parties benefit from representation by a lawyer with specific experience in domestic and family violence law.
Speak With a Domestic Violence Lawyer Today
At Simonidis Steel Lawyers, we act for both victim-survivors seeking protection and respondents navigating DVO proceedings. Our team understands the complexity of these matters and the real-world consequences of every outcome. We will give you honest, practical advice so you can make informed decisions from the very beginning.
We offer a free 30-minute consultation with no obligation. Call us on (07) 3229 3339 or visit simsteel.com.au to book today.
This article is general information only and does not constitute legal advice. Legal outcomes depend on the specific facts of each case. Please contact Simonidis Steel Lawyers to speak with an experienced domestic violence lawyer about your situation.
