Breach of an Intervention Order
Breaching an intervention order is a criminal offence in Victoria. Police and the courts treat breaches very seriously, even where the breach was unintended or minor.
People are often shocked to learn that conduct they believed was harmless — or even polite — can amount to a breach. If you have been accused of breaching an intervention order, urgent legal advice is essential.
What is a breach of an intervention order?
A breach occurs when a person does anything prohibited by the conditions of an intervention order. This applies to:
You do not need to intend to breach the order. Strict compliance is required once the order is served.
Common examples of breaches
Common breach allegations include:
Even indirect or brief contact can constitute a breach. The fact that an order is interim does not reduce the seriousness.
Police powers following a breach
If police believe an intervention order has been breached, they may:
In some cases, multiple breaches may be charged from the same course of conduct.
Penalties for breaching an intervention order
Penalties depend on the number of alleged breaches, prior history, and whether violence or threats are alleged.
Fines
Financial penalties imposed by the Magistrates' Court
Community correction orders
Supervised orders requiring compliance with set conditions
Imprisonment
Available for serious or repeat breaches in the Magistrates' Court
A breach conviction can also affect employment, visas, and future court matters.
Defending a breach allegation
Not all breach allegations are straightforward. Defences may arise where:
Possible defences include:
If accused — do not:
Each case depends on its facts and the exact wording of the order. Early advice can significantly affect the outcome.
Why early legal advice matters
Breach charges often escalate quickly. Without proper advice, a single allegation can turn into multiple charges or stricter orders. Early legal advice can:
Protect your legal position
Anything said to police before obtaining legal advice can be used against you. Say nothing until you have spoken with a lawyer.
Help manage bail and conditions
If arrested, your lawyer can appear at the bail hearing and argue for conditions that allow you to return home and continue working.
Reduce the risk of further charges
Understanding exactly what the order prohibits prevents further unintentional breaches while proceedings are underway.
Assist in resolving matters efficiently
Early engagement with the prosecution can sometimes lead to charges being withdrawn or reduced, before the matter proceeds to a contested hearing.
Speak With a Breach of IVO Lawyer
If you have been charged with breaching an intervention order or are under investigation, we recommend speaking with a lawyer urgently.
Call now to speak with an experienced criminal defence lawyer.
Urgent appointments available.
*This page provides general legal information about intervention orders in Victoria. It is not legal advice. Laws and procedures may change. For advice about your specific situation, speak with a qualified Victorian lawyer.