Can I Contact the Protected Person if There Is an Intervention Order?

One of the most common questions people ask after an Intervention Order is made is:

“Can I contact the protected person if they want to speak to me?”

The answer depends entirely on the conditions of your Intervention Order.

Many people mistakenly believe that if the protected person contacts them first, invites them over, or tells them it is okay to communicate, they are free to respond.

In many cases, that is not true.

An Intervention Order is an order of the court. It is the conditions of the order, not the wishes of the protected person, that determine whether contact is lawful.

Misunderstanding this can result in criminal charges for breaching an Intervention Order.

Read the conditions carefully

Every Intervention Order is different.

Some orders prohibit all contact.

Others allow limited communication for specific purposes, such as:

• Arranging time with children.

• Communicating through lawyers.

• Discussing Family Court proceedings.

• Dealing with property settlement.

• Contact through a parenting application or approved communication platform.

Before contacting the protected person for any reason, carefully read the wording of your order.

If you are unsure what a condition means, obtain legal advice before making contact.

What if the protected person contacts me first?

This is one of the biggest misconceptions surrounding Intervention Orders.

Many respondents believe that if the protected person sends a text message, calls them or turns up at their house, they are allowed to respond.

In many cases, they are not.

If your Intervention Order prohibits you from contacting the protected person, the fact that they initiated the communication does not necessarily give you permission to respond.

The order is directed at you.

It is your responsibility to comply with the conditions imposed by the court.

What if we both want to reconcile?

This situation arises regularly.

Couples sometimes separate, an Intervention Order is made, and weeks later they decide they want to resume the relationship.

Until the court changes or revokes the Intervention Order, you must continue to comply with its conditions.

Simply agreeing between yourselves that the order no longer matters does not make it lawful to ignore it.

If both parties wish to resume contact, legal advice should be obtained about applying to vary or revoke the Intervention Order.

Can I reply to a text message?

It depends on the wording of your order.

If the order prohibits contact, replying to a text message may amount to a breach.

Many people think they are being polite by responding briefly.

Unfortunately, even a single reply can sometimes result in criminal charges.

If you are unsure whether you are permitted to respond, speak with your lawyer first.

Can I see my children?

Many Intervention Orders include exceptions allowing communication about children or contact in accordance with Family Court orders. Others do not.

If your order affects your children, do not assume that existing parenting arrangements automatically override the Intervention Order.

The interaction between Intervention Orders and family law can be complicated.

If there is any uncertainty, obtain legal advice before attempting to make contact.

Can I contact the protected person through someone else?

Not if the order prohibits indirect contact.

Many Intervention Orders specifically prohibit:

• Asking friends to pass on messages.

• Contacting family members to relay information.

• Sending gifts or letters through another person.

• Communicating through social media.

• Using another person’s phone or account.

Trying to communicate indirectly may still amount to a breach of the Intervention Order.

What if we accidentally see each other?

Accidental contact does happen.

For example, you may unexpectedly see the protected person at:

• A supermarket.

• A sporting event.

• A shopping centre.

• A child’s school.

• A community event.

If this occurs, remain calm.

If the order requires you not to approach or contact the protected person, the safest course is generally to leave the area or avoid interaction as soon as it is reasonably practicable.

Do not use an accidental encounter as an opportunity to have a conversation.

What happens if I breach the order?

Breaching an Intervention Order is a criminal offence.

Examples of breaches include:

• Sending text messages.

• Making phone calls.

• Contacting the protected person through social media.

• Visiting their home or workplace.

• Asking another person to pass on messages.

• Approaching them when prohibited by the order.

The penalties for breaching an Intervention Order can be significant and may include:

• Criminal charges.

• A criminal record.

• Fines.

• Community Corrections Orders.

• Imprisonment in more serious cases.

What if I only wanted to apologise?

Many people contact the protected person because they genuinely want to apologise or resolve the situation.

While the intention may be good, the court generally focuses on whether the contact breached the conditions of the Intervention Order, not why it occurred.

A well-intentioned apology can still amount to a criminal offence if the order prohibits contact.

Can the order be changed?

Yes.

If circumstances have changed, it may be possible to apply to the court to:

• Vary the conditions.

• Remove unnecessary restrictions.

• Revoke the Intervention Order altogether.

Until the court makes those changes, however, you must continue complying with the existing order.

Do not assume that because both parties agree, the order has somehow ceased to operate.

Practical advice

If you are protected by, or subject to, an Intervention Order:

• Read every condition carefully.

• Keep a copy of the order with you.

• Do not rely on verbal assurances from the other party.

• Do not respond to messages unless you are certain the order allows it.

• If you are unsure, obtain legal advice before making contact.

A five-minute phone call to your lawyer can often prevent a criminal charge.

Frequently Asked Questions

Can I reply if the protected person texts me first?

Not necessarily. If your Intervention Order prohibits contact, the fact that the protected person initiated the communication does not automatically allow you to respond.

What if we both want to get back together?

You should obtain legal advice about applying to vary or revoke the Intervention Order. Until the court changes the order, you must continue to comply with its conditions.

Can I contact the protected person about our children?

It depends on the wording of your Intervention Order. Some orders specifically allow communication about children, while others do not.

What happens if I accidentally breach the order?

Even an unintended breach may result in criminal charges. If you believe you may have breached an Intervention Order, obtain legal advice as soon as possible.

Don’t assume contact is permitted

One of the most common reasons people are charged with breaching an Intervention Order is that they mistakenly believe the protected person’s consent makes contact lawful.

It usually doesn’t.

An Intervention Order is an order of the court, and until it is varied or revoked, you must comply with its conditions regardless of whether the protected person wants contact.

At Wilkinson Lawyers, we regularly advise clients about the interpretation of Intervention Orders, alleged breaches and applications to vary or revoke orders throughout Victoria. If you are unsure whether you can lawfully contact a protected person, obtaining legal advice before making contact can help you avoid a criminal charge.

If you have been served with an Intervention Order at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in intervention order matters throughout Ballarat and regional Victoria, including:

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

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