(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.
