If you are the Respondent in an Intervention Order and any breach of the terms that order are reported to Police then you may be charged with a criminal offence pursuant to section 123(2) of the Family Violence Protection Act 2008 (Vic).

It is important to be wary of the fact that even in circumstances where the Applicant has invited or requested to be contacted, be it by telephone or being present at their property, such contact is prohibited by the Intervention Order and it will constitute a breach and the Police will likely charge you for such breach stating that they have little discretion in such matters.

Penalties for a Breach

Section 123 of the Family Violence Protection Act 2008 (Vic) stipulates that the maximum penalty for any breach charge is 2 years or a level 7 fine, which is approximately $28,036.80.

Attitude of the Court to Domestic Violence

Today the Courts take a hard line on all matters involving domestic violence. Consequently even for minor type breaches of an Intervention Order such as sending a text message or record of a phone call attract a fine anywhere between $500.00 - $2,000.00 in our experience. Even more significantly for those people who do not have a criminal record any breach charge that is proven will give rise to a criminal record, which will affect that person in future with regard to travelling overseas and/or employment criminal history checks.