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Breaking an intervention order

If a respondent (the person the order is against) breaks the conditions of an intervention order, family violence safety notice or a counselling order the police can charge them with a criminal offence. This is called a breach.

The court takes breaches of intervention orders very seriously. If the court finds the respondent guilty, they can be given:

  • a prison sentence of up to two years
  • a fine of up to $24,000 
  • a good behaviour bond or other penalty.

The respondent will also have a criminal record.

How to report a breach

Keep a diary of events. Write down dates, times and exactly what happened and what was said. This makes it easier for the police to take action against the respondent.

No breach is trivial. Even driving past the protected person’s house is significant if the respondent has been ordered not to go within 200 metres of it. The protected person can ring the police and report it.

The police must act on a report that the respondent has broken the conditions. They should take a signed statement from the person making the report. They will interview the respondent and any witnesses before deciding whether to lay any charges.

If you are unhappy with police action, you can make a complaint. See ‘What the police do about family violence' (link below).

If you’re charged with breaching an order

Get legal advice.

The police can arrest and charge the respondent if they:

  • breach the conditions of a family violence safety notice, intervention order, interim order or counselling order 
  • have committed another offence, for example, assault or property damage.

If you are charged, you will need to decide whether to plead guilty or not guilty. You should have a lawyer for the court hearing. Get legal advice well before the hearing date.

More information

Changing an intervention order

Protected people – frequently asked questions

Respondents – frequently asked questions

What the police do about family violence

Related publications

Family violence intervention order publications

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ at the Magistrates’ Courts who can give you advice on the day of your hearing.

For some matters, we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

If you are in danger, call the police on ‘000’.

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

See Getting help – services for details of organisations that can help with family violence, family dispute resolution and other support services.