Contravening a family violence intervention order is a criminal offence in Victoria. It is one of the most frequently prosecuted family violence offences and can result in a criminal conviction, fines, and imprisonment. The offence is committed where the respondent under a family violence intervention order does something that the order prohibits, or fails to do something the order requires.

The offence is created by section 123 of the Family Violence Protection Act 2008 (Vic). It is usually heard in the Magistrates’ Court of Victoria and carries a maximum penalty of two years’ imprisonment.

At Angus Cameron and Partners, we regularly represent clients charged with contravention of family violence intervention orders. These matters require careful attention to the terms of the order, the circumstances of the alleged breach, and the question of whether the order was properly served or explained. If you have been charged, it is important to get legal advice promptly.

The Offence

To prove the offence of contravening a family violence intervention order, the prosecution must establish two elements beyond reasonable doubt:

• that the accused was served with a copy of the order, or received an explanation of the order in accordance with the requirements of the FVPA; and
• that the accused breached the order.

The first element — service or explanation — is critical. An accused cannot be convicted of contravening an order unless they were properly notified of it. Notification can occur by service of a copy of the order, or by an oral explanation given in court at the time the order was made. However, for child respondents, an oral explanation alone is not sufficient.

What counts as a breach?

A breach occurs where the accused does something the order prohibits, or fails to do something the order requires. The specific conduct prohibited or required will depend on the terms of the particular order. Common conditions include prohibitions on contacting or approaching the protected person, attending certain premises, or committing any act of family violence.

Importantly, a breach can occur even where the accused did not intend to cause harm. The Court of Appeal has confirmed that the fault element of this offence is one of general intent — that is, the prosecution must prove the accused intended to perform the relevant conduct, but does not need to prove any intention to cause a particular consequence. This is particularly relevant where the alleged breach involves emotional or psychological conduct, which may in some cases be unintentional.

Penalty

The maximum penalty for contravening a family violence intervention order under section 123 of the FVPA is two years’ imprisonment, a fine of 240 penalty units, or both.

In practice, penalties vary significantly depending on the nature and seriousness of the breach, whether the accused has prior convictions for similar offending, and the personal circumstances of the accused. For less serious breaches by a first-time offender, a non-custodial outcome may be available. For repeated or serious breaches, imprisonment is a real possibility.

Defences

Being charged with contravening a family violence intervention order does not mean you are guilty; there are several effective defences which we often use to assist our clients in obtaining a just outcome in their proceedings.

Order not properly served or explained

If the accused was not served with a copy of the order and did not receive an adequate explanation of its terms, the first element of the offence is not made out. This can be a significant issue where orders are made in the accused’s absence, or where the explanation given was inadequate.

Conduct did not breach the order

The terms of family violence intervention orders vary. In some cases, there may be a genuine question about whether the accused’s conduct actually breached the specific conditions of the order. Careful analysis of the order and the alleged conduct is essential.

Insufficient evidence

In criminal proceedings, it’s always up to police to prove their case beyond reasonable doubt. In many cases, police simply don’t have enough evidence to establish that an accused person committed the conduct alleged.

Improperly obtained evidence

Where evidence has been obtained improperly or unlawfully, it’s possible to argue it shouldn’t be used in court. For instance, in some cases, police conduct searches without lawful authority and this can lead to the exclusion of evidence. Legal arguments about improperly obtained evidence are always technical, so it’s important to engage a lawyer to assess whether such a defence is open in your case.

FAQs

What is a family violence intervention order?

A family violence intervention order is a civil order made by a Court that places conditions on a respondent’s behaviour to protect a family member. Common conditions include prohibitions on contacting the protected person, attending their home or workplace, or committing any act of family violence.

What is an AFM?

AFM stands for ‘affected family member’. This is terminology used by the Courts to describe the protected person in a family violence intervention order.

Can I be convicted if I didn’t know I was breaching the order?

The prosecution must prove that you intentionally performed the conduct that constituted the breach. However, it does not need to prove that you intended to cause any particular harm or consequence. If you were not aware of the existence or terms of the order, that may provide a defence, but this depends on whether service or explanation requirements were properly satisfied.

What if the protected person contacted me first?

The fact that a protected person initiated contact does not provide a defence to a contravention charge. The conditions of the order bind the respondent, not the protected person. If you respond to contact initiated by the protected person in a way that breaches the order, you may still be charged. This is a common and important issue that should be discussed with your lawyer.

Will I go to jail for breaching an intervention order?

Not necessarily. The outcome depends on the seriousness of the breach, your prior record, and your personal circumstances. For a first offence involving a minor breach, a non-custodial outcome is possible. However, serious or repeated breaches carry a real risk of imprisonment, and the maximum penalty is two years. An experienced lawyer can advise you on the realistic range of outcomes in your matter.

What is the difference between a family violence intervention order and a family violence safety notice?

A family violence safety notice is issued by police without a court order, typically in urgent circumstances following a family violence incident. It operates in a similar way to an intervention order but is temporary, remaining in force until the matter is heard in court. Contravening a safety notice is also a criminal offence.

Do I need a lawyer if I’ve been charged with breaching an intervention order?

Yes. These charges are taken seriously by courts and can result in a criminal conviction and imprisonment. An experienced lawyer can assess the strength of the prosecution’s case, identify any available defences, and ensure your matter is presented in the best possible way.

Related Guides

You may also find the following guides useful:

Guide to Aggravated Contravention of a Family Violence Intervention Order — the more serious contravention offence where the accused intended to cause harm or fear

Guide to Family Violence Intervention Orders — how intervention orders work and what they can require

Guide to Bail in Victoria — how bail operates in family violence matters