Domestic Violence Offences.

Being charged with a domestic violence offence, including the recent Queensland coercive control crimes, can have serious consequences including actual time in custody.

If you are being investigated or have been charged with coercive control or other domestic violence related offence, book a free confidential case appraisal with one of our domestic violence lawyers in Brisbane today.

COERCIVE CONTROL:

The new law applies to behaviours intended to control or coerce.

Coercive control became a criminal offence in Queensland in May 2025 which criminalises abusive behaviours intended to control or coerce a current or former intimate partner, family member, or unpaid carer.

The new law applies to adults who engage in abusive behaviour with the intent to control or coerce another person. It aims to capture a range of abusive behaviours, both physical and non-physical, intended to hurt, humiliate, isolate, frighten, or threaten a victim.

The offence carries a maximum penalty of 14 years imprisonment.

CHOKING, SUFFOCATION OR STRANGULATION IN DOMESTIC RELATIONSHIP:

Proof of physical injury isn't a requirement to prove the offence, only that the act impeded breathing or blood circulation

This serious offence was introduced in 2016 to deter and punish acts that are often precursors to escalated violence or murder.

The offence applies when a person unlawfully chokes, suffocates, or strangles another person without their consent in a domestic relationship, which includes intimate relationships (e.g., spouses, de facto partners, or dating relationships), family relationships, or informal care arrangements.

It is important to note that no physical injury or intent to kill is required for conviction, only that the act occurred without consent in a domestic relationship

Difference between Choking, Suffocation and Strangulation:

The offence does not differentiate between these acts in terms of liability or penalty; all are treated as equally serious. The focus is on the act’s effect (impeding breathing or blood flow) rather than the specific method.

Their technical differences are:

Choking: Involves an internal obstruction of the airway that restricts or prevents breathing. In the legal context, it may also include putting pressure on the neck (such as applying force to the throat) causing airway blockage.
Strangling: Refers to external compression of the neck, usually with hands or a ligature such as a cord, that restricts blood to the brain, or air through the windpipe.
Suffocating: Involves preventing air from reaching the lungs, such as covering the mouth and nose, smothering with an object such as a pillow, or placing a person in an environment lacking oxygen.

The offence carries a maximum penalty of up to 7 years imprisonment

CONTRAVENE DOMESTIC VIOLENCE ORDER OR POLICE PROTECTION NOTICE:

Aggrieved: The person named as needing protection from domestic violence.

Respondent: The person alleged to have committed or threatened domestic violence.

The offences of contravening a Domestic Violence Order (DVO) and contravening a Police Protection Notice (PPN) are addressed under the Domestic and Family Violence Protection Act 2012 to protect victims of domestic violence by enforcing compliance with protective measures.

Contraventions are treated seriously because they undermine efforts to prevent domestic violence. Police can arrest without a warrant if they reasonably believe a breach has occurred.

Police Protection Notice (PPN):

The PPN is a temporary order issued by police to provide immediate protection when domestic violence is suspected, often before a court-issued DVO is obtained.

A PPN may include conditions like prohibiting contact with the aggrieved, or requiring the respondent to leave a premises.

Breaching a notice, such as by ignoring its conditions, is an offence that carries a maximum of 3 years imprisonment.

Domestic Violence Order (DVO):

The DVO is a court-issued protection order designed to protect a person from domestic violence by imposing conditions on the respondent, such as prohibiting contact, approaching, locating the protected person.

A Final DVO made by the Court will usually be in force for 5 years.

A Temporary Protection Order (TPO) is a DVO that has the same same force and effect as a final order, but may be issued by the Court until a final protection order is made

Contravening a DVO occurs when the respondent knowingly breaches any condition of the order (such as contacting or harming the aggrieved). The penalty carried a maximum of 3 years imprisonment for a first offence, and up to 5 years for subsequent offences within 5 years.

Domestic Violence Diversion Program:

If you are in the Brisbane area and facing your first contravene DVO or PPN charge, you may be eligible for the new DV Diversion Program.

The DV Diversion Program commenced in the Brisbane Magistrates Court in May 2025 and is not yet available in other Courts.

In short, if a defendant is eligible, the court will make a diversion order and the defendant will be required to complete the approved diversion program or counselling. The program typically goes for about eight weeks.

When the court receives the notice from the approved provider to say that the diversion order has been completed, the charges are dismissed by the court.

OFFENCES WITH DOMESTIC VIOLENCE AGGRAVATION

DV Aggravation to an offence may increase the penalty.

When a criminal offence, such as assault or stalking, is deemed a "domestic violence offence," it means the act was committed against a person in a domestic relationship with the offender, such as intimate relationships (married, de facto, or dating), prior relations (divorced, separated), family relationships, or informal care arrangements.

If the offence is designated as a DV offence, it must be recorded by the court as such, which will then influence penalties or sentencing considerations. It may also lead to additional protective measures such as issuing a protection order.

DOMESTIC VIOLENCE ASSISTANCE:

DV CONNECT
WOMAN'S LINE

Phone: 1800 811 811

DVConnect Womensline is a statewide telephone service offering free confidential counselling, referral, safe refuge accomodation and support to women affected by domestic and family violence.

24 hours,
7 days a week

Website

DV CONNECT
MEN'S LINE

Phone: 1800 600 636

DVConnect Mensline is a statewide telephone service offering free confidential counselling, referral and support to men affected by domestic and family violence.

9am to 12 midnight,
7 days a week

Website

DOMESTIC VIOLENCE OFFENDERS PROGRAMS:

QLD Courts 2022-2023 statistics show 70% Male and 30% Female offenders.

Valeston Lawyers is currently working on collecting a list of organisations that provide Domestic Violence Offenders Programs. We aim to publish a comprehensive list to assist our clients in the future.

There is a Queensland Government 2024 approved provider lists of violence behaviour change programs that is used for Court Intervention Orders. However, and unfortunately, it contains programs only for Men,

Men's Intervention Programs PDF

DOMESTIC VIOLENCE OFFENCE PENALTIES:

FREE CASE APPRAISAL

This section provides general information about the penalties for many, but not all domestic violence related offences. You should contact our Coercive Control and Domestic Violence Lawyers in Brisbane for a free consultation specific to your situation.

The following information is summarised from the Queensland Criminal Code, Domestic & Family Violence Protection Act and other legal materials current at the time of writing and may be incomplete. It is general in nature and not intended to be taken as individual advice. Information is being added to over time.

Coercive control - Criminal Code s.334C

A person who is an adult commits an crime if the person is in a domestic relationship where they engage in a course of conduct that consists of domestic violence acts that are intended to coerce or control the other person; and the course of conduct would likely cause the other person harm.

Maximum Penalty: 14 years imprisonment
Court: District Court, unless defendant pleads guilty and police elects to remain in the Magistrates court.

Contravene restrain coercive control order - Criminal Code s.334E

(10) A person who knowingly contravenes a restraining order commits an offence.

Maximum penalty: 120 penalty units or 3 years imprisonment.
Court: Magistrates Court

(11) If the person has been convicted of a DV offence in the 5 years before the contravention, the person is guilty of a misdemeanour:

Maximum penalty: 240 penalty units or 5 years imprisonment.
Court: Magistrates Court unless Defendant elects to have the matter heard in the District Court before a Jury.

Engaging in domestic violence to aid a respondent - DFVPA s.179A

A person who is an adult commits an offence if they engage in domestic violence behaviour against another person who is the aggrieved or a named person in a domestic violence order, (or police protection notice or release conditions) with the intent of aiding the respondent, knowing the other person was the aggrieved or a named person.

Maximum Penalty: 120 penalty units or 3 years imprisonment.
Court: Magistrates Court

If the person derives a benefit from engaging in the domestic violence behaviour (such as investigators to locate or monitor the aggrieved), the person is guilty of a crime.

Maximum Penalty: 240 penalty units or 5 years imprisonment.
Court: Magistrates Court
Private investigators convicted will be automatically disqualified from holding a security license.

Choking, suffocation or strangulation in a domestic setting - Criminal Code s.315A

A person commits a crime if they unlawfully choke, suffocate or strangle another person, without the other person’s consent; and either the person is in a domestic relationship with the other person; or the choking, suffocation or strangulation is associated domestic violence.

Maximum Penalty: 7 years imprisonment
Court: Must be dealt with in the District Court.

Contravene Domestic Violence ORder - s.177

The respondent must not contravene a domestic violence order.

Maximum penalty: 120 penalty units or 3 years imprisonment.
Court: Magistrates Court

If the respondent has been previously convicted of a domestic violence offence within 5 years:

Maximum penalty: 240 penalty units or 5 years imprisonment.
Court: Magistrates Court
Bail: Automatic "Show Cause" position.

Contravene Police Protection Notice - s.178

The respondent must not contravene a police protection notice.

Maximum penalty: 120 penalty units or 3 years imprisonment.
Court: Magistrates Court