A breach of intervention order includes any violation of the clauses contained in an intervention order you are the respondent to. A Breach of a Family Violence Intervention Order in Victoria is governed by the Family Violence Protection Act 2008.

There are two types of Family Violence Intervention Orders:

1. An interim order; and

2. A final intervention order.

An interim order is a temporary order put in place to prevent violence until a final order is made by the Court. 

The final intervention order is made once the matter has been heard in Court and the Magistrate is satisfied that the respondent has committed domestic violence against a family member and is likely to do so again.

Breach of a Family Violence Intervention Order in Victoria is an offence

Breaching the conditions of a Family Violence Intervention Order is serious and you can have serious consequences for your future.  

If you are a protected person, any violation of an intervention order should be reported to the police promptly. You should write down the details of the breach including important information such as dates, times, and what happened. This will assist police when taking action against the defendant. 

What happens if I breach a Family Violence Intervention Order in Victoria?

While Family Violence Intervention Orders are civil Orders, breaching the conditions of an Order is a criminal offence which can result in criminal penalties.

If the police believe on reasonable grounds that the respondent has contravened any conditions of the Family Violence Intervention Order, the police can arrest and detain the respondent.

Breaching a Family Violence Intervention Order in Victoria is a summary offence and is usually heard in the Magistrates’ Court. If you are a defendant charged with contravening a Family Violence Intervention Order, the right legal advice and representation is crucial to ensuring that your case is heard properly, and that you get the best outcome possible given the circumstances.

The maximum penalty for breaching intervention orders in Victoria, if found guilty, is as follows:

  • Breaching an FVIO – 2 years imprisonment, 240 penalty units fine or both
  • Breaching an FVIO intending to cause harm or fear for safety – 5 years imprisonment, 600 penalty units fine or both
  • Persistent contravention of Family Violence Safety Notice/Intervention Order – 5 years imprisonment, 600 penalty units fine or both

If the police can prove that the respondent has committed persistent breaches, they can charge the respondent with the offence of Persistent Contravention of Notices and Orders. 

To establish persistently breaching a Family Violence Intervention Order, the police must prove that you had on at least two occasions within 28 days of the first offence, engaged in conduct that was in breach of the order. The police also need to prove that you knew, or ought to have known, that you were breaching the order.

Can I appeal against a Family Violence Intervention Order in Victoria?

A party (protected person or defendant) to a Final Intervention Order can appeal to the County Court of Victoria if they disagree with the making of the order or the conditions of the order. An appeal must be lodged within 30 days of the order being made.