Breaking an intervention order

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Breaking an intervention order

Breaking the conditions of a family violence intervention order is very serious.

You should tell the police if the respondent to an intervention order breaks the conditions.

If you are charged with breaking the conditions of an intervention order, you should get legal advice.

If a respondent 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:

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 tell 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.

If you’re charged with breaching an order

Get legal advice.

The police can arrest and charge you if you:

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

If you are charged, you will need to decide whether to plead guilty or not guilty. The court takes family violence and any breach of a court order very seriously. You should have a lawyer for your court hearing. Get legal advice well before the hearing date.

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