The Importance of Complying with Domestic Violence Orders: Lessons from CDL v Commissioner of Police [2024] QCA 245
By Mathai Joshi
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Domestic and Family Violence continues to be a persistent and pervasive issue within our society, and ensuring that there is compliance with Domestic Violence Orders (DVO’s) is essential to make sure that victims of Domestic Violence are protected and that the integrity of the justice system is maintained.
In Queensland a Court can make a Domestic Violence Order if the Court is satisfied that:-
- A relevant Relationship exists;
- That Domestic Violence has occurred and;
- That the making of an order is necessary and desirable in all the circumstances.
When the Court is deciding whether or not to make a Domestic Violence Order, it is being asked to effectively review the relationship and perform a risk assessment as to whether or not there is a future risk of the victim (often referred to as the aggrieved), being exposed to ongoing domestic violence if an order is not made.
The making of a Domestic Violence Order does not mean that you have been convicted of a criminal offence, nor does it add an entry to your criminal history. However, breaching a Domestic Violence Order is a criminal offence under section 177 of the Domestic Violence and Family Protection Act and carries a maximum penalty of $18,576 (120 penalty units) or 3 years in prison. The penalty is increased if a person has been previously convicted of domestic violence offence within 5 years prior to the breach of the DVO, resulting in maximum penalties of $37,152 (240 penalty units) or 5 years in prison.
The making of a Domestic Violence order may also impact upon a persons employment such as affecting the suitability and eligibility of a person holding a blue card or relevant security clearances. Domestic Violence Orders can also affect the ability of a person to hold a weapons license.
Breaching a Domestic Violence Order (or any order made by a Court), is a serious offence. The recent Queensland Court of Appeal decision in CDL v Commissioner of Police [2024] QCA 245 serves as a significant reminder of the gravity of breaching such orders and the severe legal consequences that will likely follow.
Overview of the Case
The applicant (referred to as CDL), sought leave to appeal a sentence of two years imprisonment for multiple offences of breaching a Domestic Violence Order. The alleged breaches of the order occurred over several years including eighteen (18) contraventions which involved threats, physical violence, and persistent contact with the complainant despite explicit no-contact conditions. The Court of Appeal ultimately refused an application to appeal against CDL’s sentence, and ultimately upheld the sentence imposed on him as proportionate to the seriousness of his conduct and necessary to serve as a deterrent to others.
Key Observations
- Repeated Breaches Escalate Sentences
The case highlights the Court’s attitude when dealing with offenders who repeatedly breach Domestic Violence Orders. The decision further highlights that the Court regards repeated breaches of Domestic Violence Orders as a serious affront to the justice system. The Applicant CDL’s persistent violations demonstrated a pattern of disregard for Court orders, necessitating a stronger punitive response.
As the Court rightly observed, compliance is essential for Domestic Violence Orders to ensure that the protective purpose of the Order are met.
The case also highlights that Courts do not make Domestic Violence Orders for no reason, they are indicative of a finding by the Court that an act or acts of domestic violence have already occurred. At paragraph [44] of the decision the Chief Justice Her Honour Bowskill CJ noted that for the Court to have made a Domestic Violence order it meant that some form of domestic violence had occurred already. The Applicant had been sentenced six (6) times, over twenty-one years (21) for thirteen (13) breaches of Domestic Violence Orders.
Ultimately the Court found the conduct of CDL to be contemptuous to Court orders, which further highlights the importance of respecting and abiding by orders made by the Court.
- Personal and General Deterrence
In sentencing the Defendant, the court emphasised the dual objectives of personal and general deterrence. CDL’s persistent offending, even after serving previous sentences, reflected a lack of deterrence, prompting the court to impose a harsher penalty. This approach sends a clear message to potential offenders that breaches of Domestic Violence Orders will not be tolerated.
- Protection of Victims
The case underscores the primary purpose of Domestic Violence Orders, which is to to safeguard victims from further harm and domestic violence. CDL’s conduct placed the victim in a continuous state of fear and distress. Upholding the sentence reflected the court’s commitment to protecting vulnerable individuals and ensuring that orders issued for their safety are meaningful and enforceable.
Why Compliance with Domestic Violence Orders is important.
- Holding perpetrators to account and victim Protection
Domestic Violence Orders are designed to create a legal barrier between perpetrators and victims, to ensure that victims of Domestic Violence are protected from further abuse.
Non-compliance with these orders undermines the safety and mental well-being of victims, often exacerbating the trauma caused by domestic violence. The underlying principle of the Domestic Violence Legislation in Queensland is the safety, protection and wellbeing of people who fear or experience domestic violence, including children, which is paramount.
Section 3 of the Act states that the main objectives of Domestic Violence Legislation is to:-
(1) The main objects of this Act are—
- to maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives; and
- to prevent or reduce domestic violence and the exposure of children to domestic violence; and
- to ensure that people who commit domestic violence are held accountable for their actions.
(2) The objects are to be achieved mainly by—
- allowing a court to make a domestic violence order to provide protection against further domestic violence; and
- giving police particular powers to respond to domestic violence, including the power to issue a police protection notice; and
- imposing consequences for contravening a domestic violence order or police protection notice, in particular, liability for the commission of an offence.
- Upholding the Authority of the Court
Court orders are not mere recommendations or suggestions, they carry the weight of the law. Showing disregard for such orders erodes public confidence in the judicial system and diminishes the perceived authority of the courts. Court must sentence accordingly and must impose penalties which reflect the serious and callousness behaviour of people who breach these orders.
- Preventing Escalation
The offence of breaching a Domestic Violence Order is often a precursor to more severe forms of violence. Early and strict enforcement of these orders can prevent the escalation of abusive behaviour, potentially saving lives.
- Reinforcing Accountability
Compliance with Domestic Violence Orders is essential to ensure that offenders are held accountable for their actions. It forces offenders to understand and accept the boundaries set by the law and respect the rights and safety of others.
Summary
The decision reiterates the significance in complying with orders made by the Court. There are significant consequences for offenders who repeatedly breach Domestic Violence Orders and have disregard for the Courts who make them. The case is a reminder that the Courts are committed to enforcing these orders firmly and that breaches will result in substantial penalties. Compliance is a legal obligation and a crucial step towards ensuring the safety of victims and respecting the rule of law.