BREACH OF INTERVENTION ORDERS

Understanding Breach of an Intervention Order: Consequences of a Breach and Available Defences Ballarat

Tackling family violence has been a priority for Victoria Police and therefore the number of Intervention Orders (IVO) being applied for and granted, has skyrocketed.

Breaching an IVO is a serious offence and can carry severe penalties such as fines, community corrections orders or jail. Ballarat

The prosecution do not need to prove an intention to breach the order, therefore a lack of intention in breaching these orders is not a defence. Therefore, a lawyer is essential and navigating the complexities of these charges and advancing a solid defence.

What constitutes a breach of an Intervention Order?

A breach of an IVO occurs when the Respondent (the person restrained by the order) doesn’t comply with one or more of the conditions.

Each order is different, so you need to read the conditions carefully. Some orders permit contact with the protected person, other orders restrict all contact and communication. Some orders prevent posting things online, others prevent attending within a certain distance of a specified location. Ballarat

Some examples of breaching an intervention order include:

1.       Calling or emailing the protected person

2.       Attending a protected persons home, school or work

3.       Getting another person to contact a protected person

4.       Posting about them online

5.       Threatening, abusing, degrading or insulting the person.

It is important to note, that even if you don’t intend to degrade or insult a person, you can still be charged and found guilty of breaching an IVO. This is because “family violence” is very widely defined and it is the affect of the conduct on the protected person which is the legal test, not your intention.

Defences for breaching an Intervention Order

In Victoria, breaching an IVO will result in a criminal charge and require an attendance at court. Ballarat

Defences for breaching an intervention order can include:

1.       A factual dispute – whether the police can prove that the accused did the alleged act which is said to breach the IVO. For example, whether a person went within a certain distance of the protected person, or whether they uttered the words alleged.

2.       A legal dispute – whether police can prove that the order was operational at the time. For example, whether it had been served properly, whether the charge was laid within time, or whether the wording of the charge is particularised correctly.

Most defences rely on the first point, that there is a factual dispute. Check with a lawyer to ensure you are running all available defences.

Consequences for breaching an Intervention Order

If you are found to have committed the offence of breaching an intervention order, there are various penalties which can be imposed:

1.       An adjourned undertaking: sometimes referred to as a Good Behaviour Bond. These orders typically run between 6-12 months, and provide a period of accountability where you can be required to undertake counselling or family violence counselling and provide evidence to the court.

2.       Fines: Depending on the severity of the breach, the court can impose substantial fines

3.       Community Corrections Order: The court may impose community work or other supervised conditions such as drug and alcohol counselling or mental health referral and treatment.

4.       Imprisonment: Serious breaches can lead to a term of imprisonment, particularly for repeat offenders or where there has been significant harm to the protected person (assaults, threats to kill or stalking behaviours).

All of the above penalties result in a criminal record.

The role of a lawyer in defending breach charges

When facing charges of breaching an IVO, engaging an experienced lawyer can be crucial. Ballarat

Lawyers are experts in assessing the evidence in the case. The lawyer may defend their client by asserting that the breach didn’t occur. This can include producing their own evidence on behalf of the client such as:

1.       Witness testimony to corroborate the accused’s account

2.       Evidence such as phone records, video footage, text messages which dispute the allegations.

The lawyer may also make legal arguments about whether the prosecution has discharged their burden of proof by challenging:

1.       Credibility of witnesses

2.       Discrepancies in witness accounts

3.       Procedural faults in how the intervention order was served or investigated.

If you find yourself charged with breaching an intervention Order, it is crucial to seek legal representation early to navigate the complexities of the legal system and protect your rights effectively.

Remember, the right defence strategy from the outset can make all the difference in the outcome of your case.