What happens when you breach an Intervention Order

Breaching an Intervention Order can be a very serious offence, particularly if it is accompanied by allegations of assaults or threats. Accidental breaches can also occur, so get legal advice today.

Need an experienced criminal lawyer in Ballarat?

If you’ve been charged with a criminal offence, received a summons to attend court, been arrested by Victoria Police, or need urgent legal advice, obtaining early legal representation can make a significant difference to how your matter progresses.

At Wilkinson Lawyers, we practise exclusively in criminal law matters across Victoria. We regularly appear at the Ballarat Magistrates’ Court, County Court and other metropolitan and regional courts.

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Being charged with a criminal offence is stressful. Many clients contact us after what they describe as the worst day of their life. They are worried about losing their licence, their employment, their reputation, or even their liberty. Our role is to guide you through the legal process, explain your options in plain English, protect your rights and work towards the best available outcome based on the facts of your case.

Whether you intend to plead guilty or contest the allegations, obtaining legal advice as early as possible is one of the most important steps you can take.

Get in direct contact with Jessica Wilkinson now, and receive expert advice on how to deal with your case

What is an Intervention Order?

  • There are two types of Intervention Orders: 
  • ‘Family Violence Intervention Orders’ which protect a person from a violent or abusive family member or ex-partner; and 
  • ‘Personal Safety Intervention Orders’ which protect a person from a non-family member, such as an acquaintance or stranger.
In order to prove a breach of an Intervention Order, the prosecution must prove:
  • That a respondent was properly served with the intervention order,
  • They were explained the effect of the order (eg: not to contact the protected persons), AND
  • That the respondent breached one of the conditions of the order.

The police do not need to prove that a Respondent intended to breach the IVO. The mere fact of a breach is sufficient at law.

Jess Wilkinson Solicitor

What should I do?

Do I need a lawyer?

You are not legally required to have a lawyer.

However, criminal proceedings involve rules of evidence, legislation, court procedure and sentencing principles that most people have never encountered.

A lawyer can assist by:

  • Explaining the allegations.
  • Reviewing the prosecution brief.
  • Identifying weaknesses in the evidence.
  • Negotiating with police where appropriate.
  • Preparing your plea.
  • Representing you in court.
  • Advising whether a charge should be contested.
  • Protecting your legal rights throughout the process.

Even where the allegations appear straightforward, obtaining legal advice can significantly improve your understanding of the options available.

 

 

Talk To An Experienced Criminal Lawyer

Get in direct contact with Jessica Wilkinson now, and receive expert advice on how to deal with your case