Life rarely feels neat when a court order steps in to keep two people apart. For the person seeking protection, the order is a shield. For the person bound by its conditions, it can feel like every move is under a microscope. Whichever side you’re on, if an order is breached, the anxiety spikes fast.
Many people may not know what a “breach” really means, how the courts view it, and what practical steps make the situation less overwhelming, including whether you need the order enforced or you are the one facing a charge. So, to answer it, this guide serves as a plain-spoken guide to explain just that.
Why Breaches Are Taken Seriously
Victoria’s Family Violence Protection Act 2008 treats an Intervention Order much like a safety fence. Crossing it, even once, undermines the court’s promise of protection. Police can charge the respondent with contravention the moment a forbidden act occurs, no matter how brief or harmless it might seem to them.
The purpose is prevention. A single text, an unexpected visit, or a drive-by in breach of a distance condition can be enough to trigger prosecution.
Recent appellate authority, most notably DPP v Cormick [2023] VSCA 186, confirms that prosecutors do not need to prove the respondent intended harm, only that the prohibited act was deliberate and caused emotional or psychological damage.
Key Elements of a Breach
To convict, the prosecution must prove both of the following:
- Awareness – the respondent was served with the order and knew its conditions.
- Action – at least one of those conditions was broken intentionally or voluntarily.
Typical conditions ban contact, set exclusion zones, or bar online publication about the protected person. If property damage enters the picture, the matter can overlap with wider property disputes.
What Happens After a Breach
Magistrates have wide discretion, yet deterrence sits high on the list of sentencing aims. Penalties depend on the gravity of the breach and any prior history.
| Offence | Maximum Fine | Maximum Prison Sentence |
| Contravene Family Safety Notice (s 37) | 240 penalty units | 2 years |
| Contravene FVIO (s 123) | 240 penalty units | 2 years |
| Aggravated or persistent contravention (s 123A / s 125A) | 600 penalty units | 5 years |
A conviction lingers long after court. Employment checks, visa applications, and negotiations in broader family law matters can all be affected.
If You’re Protected, Here’s What You Should Know
- Call the police every time a condition is broken, no matter how small it feels.
- Keep a diary noting date, time, what happened, and which condition was breached. Screenshots or photos help investigators.
- Repeated breaches may justify asking the court to tighten or extend the order. Early advice from a lawyer experienced in domestic-violence disputes and intervention orders can make that step less daunting.
- Safety first. If note-taking puts you at risk, ask a support worker about safer ways to record events.
If You’re Charged with Breaching an Order
First instinct is often to explain, apologise, or sort things out directly. Resist it. Further contact, even well-intentioned, could create a second charge.
- Obtain legal advice immediately. A lawyer can test whether a breach truly occurred, explore defences such as honest mistake, and guide you on plea strategy.
- Attend court. Missing a hearing invites warrants and compounds the problem.
- Gather context. Location data, messages, or witnesses sometimes show the event did not unfold as alleged.
- Where children are involved, any breach can spill into children and parenting disputes, so clarity and timely representation matter.
Stages of a Breach Case
Clients often tell us the hardest part is the uncertainty: “What happens now?” The usual path is:
- Police assessment: officers collect statements and evidence.
- Charge decision: police either lay a charge or take no further action.
- First court date: the case is listed in the Magistrates’ Court; bail and any interim orders are considered.
- Case conference or negotiations: lawyers and prosecutors test the evidence, discuss plea options, and consider diversion if suitable.
- Plea or contested hearing: the respondent pleads guilty and moves to sentencing, or contests the allegation at a hearing.
- Outcome and sentencing: the magistrate imposes a penalty, or if the matter was contested, delivers a verdict and then sentences.
At every stage, there is space for strategy, fresh evidence, or negotiated resolution. The earlier you seek advice, the more room there is to shape the outcome.
Moving Forward
Intervention Orders exist to keep people safe, not to trap anyone in legal limbo. Once a line is crossed, the court moves quickly, and the stakes rise. Knowing where you stand and what options lie ahead can lift a great deal of pressure.
Whether you need protection enforced or you are facing an allegation yourself, clear guidance matters. A calm, experienced lawyer can translate the law into practical next steps, help you make smart decisions, and keep the focus on safety and resolution.
If that sounds like the support you need, reach out to us here at Mohan Yildiz & Associates for a confidential consultation. We will listen first, advise without judgment, and stand firmly by your side from start to finish.
