What Happens if You Breach an Intervention Order in Victoria?

Being charged with breaching an intervention order can be extremely stressful. Many people are surprised to learn that even seemingly minor contact, such sending a text message, social media interaction, or attending a location unexpectedly, can result in criminal charges.

At Wilkinson Lawyers, we regularly represent people charged with breaches of intervention orders at Ballarat Magistrates’ Court and courts throughout regional Victoria.

If you have been accused of breaching an intervention order, it is important to obtain legal advice early. These matters can carry serious consequences, including criminal convictions, fines, Community Corrections Orders and, in more serious cases, imprisonment.

Below is a general overview of how intervention order breaches work in Victoria and what you should know if you have been charged.

What is an Intervention Order?

In Victoria, intervention orders are court orders designed to protect a person from certain behaviour.

There are generally two main types:

• Family Violence Intervention Orders (FVIOs). These involve people who are family members, partners, former partners or relatives.

• Personal Safety Intervention Orders (PSIOs).These involve disputes between neighbours, acquaintances, friends, colleagues or unrelated parties.

An intervention order may contain conditions that prohibit a person from:

• contacting another person;
• attending certain locations;
• publishing material online;
• approaching within a certain distance;
• damaging property;
• committing family violence; or
• encouraging another person to engage in prohibited conduct.

Even if the protected person initiates contact, the respondent can still be charged with breaching the order.

Is Breaching an Intervention Order a Criminal Offence?

Yes. Breaching an intervention order is a criminal offence in Victoria. Police treat these allegations very seriously, particularly where allegations involve:

• repeated contact;
• threats;
• family violence;
• prior breaches;
• alcohol or drug involvement; or
• allegations of intimidation or harassment.

A person can be charged even where:

• the protected person did not want police involvement;
• the contact was brief;
• the parties reconciled; or
• the breach was accidental or indirect.

Importantly, intervention order proceedings themselves are civil in nature, but a breach allegation is criminal and can result in a criminal record.

Common Examples of Alleged Breaches

Some of the most common allegations we see include:

• sending text messages or emails;
• phone calls;
• contacting through social media;
• attending a protected person’s home or workplace;
• asking friends or family to pass on messages;
• liking or commenting on social media posts; and 
• breaches involving children handovers or relationship disputes.

In many cases, the alleged breach is not as straightforward as first appears.

At Wilkinson Lawyers, we regularly analyse:

• the wording of the order itself;
• whether the alleged conduct actually breaches the conditions;
• context surrounding the interaction;
• inconsistencies in witness evidence;
• phone records and screenshots;
• CCTV or body-worn camera footage; and
• whether there are viable defences available.

What Happens After Police Charge You?

If police believe an intervention order has been breached, they may:

• arrest you and interview you;
• issue a charge and summons;
• apply for bail conditions;
• oppose bail in more serious cases; and/or
• lay additional criminal charges.

The matter will usually proceed through the Ballarat Magistrates’ Court or another Magistrates’ Court in Victoria.

The first court date is generally called a Mention Hearing. At that stage:

• the allegations are formally before the court;
• disclosure material is obtained;
• negotiations with police may occur; and
• decisions are made about whether the matter will resolve or proceed to a contested hearing.

What Are the Possible Penalties?

The penalty for breaching an intervention order depends on:

• the seriousness of the allegations;
• whether violence or threats were involved;
• prior criminal history;
• prior breaches;
• whether there was a plea of guilty; and
• the surrounding circumstances.

Possible sentencing outcomes include: 

• An Adjourned Undertaking (commonly referred to as a “good behaviour bond”
• A Fine
• A Community Corrections Order
• More serious or repeated breaches significantly increase the risk of imprisonment.

Can You Defend an Intervention Order Breach?

Yes. Not every allegation results in a finding of guilt. Depending on the circumstances, potential issues may include:

• whether the conduct actually breached the order;
• whether the identification evidence is reliable;
• whether the communication was indirect or accidental;
• whether the order had been properly served;
• factual disputes between parties;
• inconsistencies in the complainant’s evidence; or
• whether police can prove the allegation beyond reasonable doubt.

Sometimes negotiations can also occur with police regarding:

• withdrawal of charges;
• amendment of summaries;
• resolution proposals; or
• Diversion in appropriate circumstances.

Every case turns on its own facts.

Why Early Legal Advice Matters

Many people make the mistake of trying to “explain things” to police before obtaining advice.

Intervention order matters are often emotionally charged and highly contextual. What may appear minor to one person can become significant evidence in a police brief.

Obtaining early legal advice can assist with:

• protecting your position;
• understanding the allegations;
• preparing for court;
• negotiating with prosecutors; and
• identifying potential defences early.

At Wilkinson Lawyers, Jessica Wilkinson regularly appears in intervention order and criminal matters throughout Ballarat and regional Victoria.

Jess has extensive experience representing clients in:

• Family Violence Intervention Order matters;
• Personal Safety Intervention Orders;
• breach allegations;
• contested hearings;
• plea hearings; and
• complex relationship-based criminal disputes.

We understand that these allegations can affect your employment, parenting arrangements and reputation. Our focus is on providing clear advice, careful preparation and strong representation aimed at achieving the best possible outcome.

Intervention Order Lawyer Ballarat

If you have been charged with breaching an intervention order or have a matter listed at the Ballarat Magistrates’ Court, obtaining early legal advice is important.

Wilkinson Lawyers regularly represents clients in intervention order and criminal law matters throughout:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell
• Horsham;
• Geelong;
• Warrnambool;
• Bendigo; 
• Wyndham; and
• Melbourne metropolitan courts.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.