If a respondent disobeys (breaks the rules of) a Family violence intervention order, or safety notice, it is called a breaching or contravention of an order.
Breaching is very serious. If the police charge you (the respondent) with a breach, get legal advice.
If the court finds you guilty of breaching, you may get a criminal record.
Every time a respondent breaches an order or safety notice, you should:
- tell the police
- take notes or keep a diary with the details of what happened
- keep any evidence, such as text messages or photos of damage.
What breaching an order means
A breach is when a respondent does not follow the conditions of a:
- family violence intervention order (interim or final order)
- family violence safety notice
- counselling order.
Learn more about conditions (rules the respondent must follow).
What happens when a breach occurs
Breaching is against the law. This means that if the respondent breaches, the police can charge them with a criminal offence. This offence is called ‘contravention of family violence intervention order’.
The court takes breaches very seriously.
The respondent could get a:
- criminal record
- prison sentence
- community corrections order
- fine
- good behaviour bond (also known as an adjourned undertaking)
- other penalty.
For more information visit Possible outcomes for criminal offences
What should I do if the police charge me with a breach?
If the police charge you (the respondent) with a breach, get legal advice as soon as possible as you will have to go to court.
The court takes family violence and breaches very seriously, and you should have a lawyer for your court hearing.
When you attend court you will need to decide whether to plead guilty or not guilty. It is no excuse to say that you did not mean to breach the order.
If you are found guilty of breaching an order
If the court finds you guilty you could get a criminal record.
This may make it more difficult to get certain kinds of jobs or travel in the future. If you are on a visa, you should talk to a migration lawyer about how a criminal record my affect you. Read more about Criminal records.
What if the protected person says the behaviour is okay?
The respondent must always follow the conditions of their order or safety notice.
Breaching is against the law, even if an affected family member or protected person says the behaviour is okay. This means that the protected person cannot give the respondent permission to breach the order.
The police can still arrest and charge the respondent with a crime.
If you want the conditions to change, you may be able to apply to change the order. Visit Change, extend, appeal or cancel a family violence intervention order.
How do I report a breach?
If the respondent breaches the order or safety notice, contact the police. Do this every time there is a breach.
Try to keep notes or a diary about what happened. Write down:
- the date and time of the breach
- exactly what happened
- what was said, if anything.
This makes it easier for the police to act. If you have other evidence keep this too.
For example:
- text or social media messages
- voicemails
- photos of damage or injuries.
Every breach matters, even if it seems small and you are unsure if the behaviour is considered a breach.
For example, driving past your house is significant if the respondent must not go within 200 metres of where you live. Report this to the police.
What happens when police investigate a breach
If someone reports a breach, the police must investigate.
They should take a signed statement from the person reporting the breach. They will then interview the respondent and any witnesses before deciding whether to charge the respondent. For more information visit the Victoria Police website.
If you are unhappy with what the police do, you can make a complaint. Before you do this, is important to get legal advice.
Further support
If you need to speak to someone, as either the respondent or protected person there are people you can talk to.
- Our Victims Legal Service
- 1800 RESPECT
- Men's Referral Service
- Safe Steps (inclusive support for those experiencing family and domestic violence)
- Women’s Legal Service
- Other support for violence, abuse and personal safety
Key things to remember
- A breach or contravention is when the respondent does not follow the conditions (rules) of an order or safety notice.
- Breaches are very serious. The police can charge the respondent with a criminal offence.
- If the police charge you with a breach, get legal advice as soon as possible.
- If found guilty of breaching, you will get a criminal record. You could also go to prison or get a large fine.
- If the respondent breaches the order or safety notice, report it to the police. Do this even if you are unsure if the behaviour is considered a breach or seems small.
- Keep notes with the details of any breaches and any evidence, such as messages, voicemails or photos of injuries or damage to home and property.
Explore our related pages
- Family violence and family violence intervention orders
- Family violence safety notices
- Personal safety intervention orders
- What the police can do about family violence
- Change, extend or appeal or cancel a family violence intervention order
- Other support for violence, abuse and personal safety
Support from other organisations
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