Breaching an intervention order is a criminal offence in Victoria — not a civil matter. Whether you are the protected person reporting a breach, or the respondent facing an allegation of breach, the consequences are serious and you should seek legal advice immediately.
An intervention order — whether a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO) — is a court order. Once made, its conditions are legally binding on the respondent. Breaching any condition of the order, such as making contact with the protected person or attending a prohibited location, is a criminal offence under the Family Violence Protection Act 2008 (Vic) or the Personal Safety Intervention Orders Act 2010 (Vic).
A breach of an FVIO carries a maximum penalty of 2 years imprisonment and/or a fine. A second or subsequent breach, or a breach involving physical violence, carries significantly higher penalties — up to 5 years imprisonment. These are not minor matters.
If you are the protected person and the order has been breached, you should report the breach to police promptly. Document the breach with as much detail as possible — date, time, what occurred, any witnesses. If you are the respondent and have been charged with a breach, you must not make further contact with the protected person and should contact a lawyer immediately. This is general information only.
The protected person reports the breach to police. Police investigate and, if satisfied a breach occurred, charge the respondent. In serious cases, police may arrest immediately.
The respondent appears at the Melbourne Magistrates' Court. Police may oppose bail in serious or repeated breach matters. Legal advice before the first appearance is critical.
The respondent enters a plea. A guilty plea at an early stage is generally treated more favourably by courts. If the breach is disputed, the matter is set down for a contested hearing with evidence from both parties.
If found guilty or following a plea, the court imposes a sentence — which can range from a fine or community correction order to imprisonment depending on the severity and history of breaches.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
If you have been charged with a breach, contact us immediately — before your first court date. Early advice is critical to the outcome of the charge and to any bail application.
If the order protecting you has been breached, we can advise on reporting the breach effectively and on whether to seek variation of the order's conditions.
We advise honestly on whether to plead guilty or contest, and — where a plea is entered — we prepare material to mitigate the sentencing outcome.
Breach charges often arise alongside family law proceedings. We advise on both and ensure the criminal matter is handled in a way that protects your family law position.
Yes. Breaching an FVIO or PSIO is a criminal offence in Victoria. It is prosecuted in the Magistrates' Court and can result in a fine, community correction order or imprisonment, depending on the severity and history of breaches. This is general information only.
The obligations of an intervention order fall entirely on the respondent — not the protected person. Even if the protected person contacts you, you must not respond or engage in a way that breaches the order. If you believe the protected person is trying to draw you into a breach, seek legal advice immediately. This is general information only.
Bail is not automatic for intervention order breach charges, particularly in repeated or serious breach matters. We can appear urgently to make a bail application on your behalf. Early legal advice is critical. This is general information only.
Intention can be relevant to a contested hearing but does not remove the obligation to comply with the order. Even accidental breaches — such as attending a prohibited location unknowingly — can result in charges. Seek legal advice promptly. This is general information only.
A conviction for intervention order breach will appear on your criminal record and can affect employment applications, professional licences, Working With Children Checks, and visa applications. We advise on minimising these consequences. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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