Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 177

177 Contravention of domestic violence order

(1) This section applies if a respondent against whom a domestic violence order has been made—

(a) was present in court when the order was made; or

(b) has been served with a copy of the order; or

(c) has been told by a police officer about the existence of the order.

(2) The respondent must not contravene the order.

Penalty—

Maximum penalty—

(a) if, within 5 years before the commission of an offence against this subsection, the respondent has been previously convicted of a domestic violence offence—240 penalty units or 5 years imprisonment; or

(b) otherwise—120 penalty units or 3 years imprisonment.

(3) For subsection (1) (c) , the respondent may be told by a police officer about the existence of an order in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.

(4) However, a court may not find a respondent contravened an order merely because a police officer told the respondent about the existence of the order, unless the court is satisfied the police officer told the respondent about the condition that it is alleged the respondent contravened.

(5) The prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of an order, or a condition of an order.

(6) It is not a defence in proceedings for an offence involving a recognised interstate order that a person did not know—

(a) it is an offence to contravene the recognised interstate order in Queensland; or

(b) the recognised interstate order could be varied in Queensland; or

(c) if the recognised interstate order is a registered New Zealand order—that the New Zealand order could be registered or varied in Queensland.