Consequences of Breaching a Domestic Violence Order
By Ward Keller | July 2026
Author | Partner, Michelle Jeffrey
Breaching a domestic violence order (DVO) is a serious offense with significant legal consequences. Here are some key points regarding the consequences of such a breach:
Criminal Charges
Breaching a DVO is a criminal offense. If a person is found guilty of breaching the conditions of a DVO, they can face criminal charges, which may result in a criminal record.
Penalties
The penalties for breaching a DVO can vary depending on the severity of the breach and any prior history of domestic violence.Penalties may include fines, imprisonment, or both. Specifically, a first-time breach can lead to up to two years of imprisonment, while subsequent breaches can result in more severe penalties, including longer prison terms.
Arrest and Detention
Police have the authority to arrest and detain an individual who is suspected of breaching a DVO. This can occur without a warrant if the police reasonably believe that the breach has occurred.
Court Proceedings
The individual accused of breaching a DVO will be required to appear in court. During court proceedings, the prosecution must prove that the breach occurred and that it was intentional.
Protection of the Victim
The primary purpose of a DVO is to protect the victim of domestic violence. Breaching a DVO not only undermines the protective measures in place but also can lead to additional orders or stricter conditions being imposed to ensure the safety of the victim.
Impact on Custody and Access to Children
Breaching a DVO can have significant implications for family law matters, including custody and access to children. The breach may be considered by the Family Court when making decisions about the best interests of the children involved.
Rehabilitation and Support Programs
In some cases, the court may order the individual who breached the DVO to attend rehabilitation programs, such as anger management or counselling, aimed at addressing the underlying issues that ontributed to the breach.
These consequences are designed to deter individuals from violating DVOs and to provide protection and support to victims of domestic violence. The Northern Territory’s legal system takes breaches of DVOs very seriously to uphold the safety and well-being of those affected by domestic violence.
If you require advice about a domestic
violence violation, please contact Ward Keller on (08) 8946 2999 or wardkeller@wardkeller.com.au
