Intervention Order Breach

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If a police officer believes on reasonable grounds that you have contravened any conditions of a Family Violence Intervention Order, the officer may arrest and detain you. Even though an application for a Family Violence Intervention Order is a civil matter between the parties, a breach of an order is a criminal offence in Melbourne. There is no such thing as a trivial breach. This means that you may be in breach of a Family Violence Intervention Order by walking past the protected person’s home or sending them a text message. If you are a defendant who has been detained, you may be able to apply for bail with the help of a Intervention Order LawyersMelbourne. If you are suspected by police of breaching an order, you will have to go to court. If found guilty, you may be imprisoned for up to two years or have to pay a fine up to 240 penalty units. Breaching a Family Violence Intervention Order in Melbourne is a summary offence and is usually heard in the Magistrates’ Court. If you are a defendant charged with contravening a Family Violence Intervention Order, you will need to decide whether to plead guilty or not guilty. This is a serious decision that should be discussed with your Intervention Order Lawyers Melbourne who will be able to give you legal advice and help prepare you for the court hearing. A defendant who persistently breaches a Family Violence Intervention Order can be imprisoned for a maximum five years and / or be fined up to 600 penalty units. To be found guilty of persistently breaching a Family Violence Intervention Order, the police have to prove that you had on at least two occasions within 28 days of the first offence, engaged in conduct that was in breach of the order. The police also need to prove that you knew, or ought to have known, that you were breaching the order. If convicted, you will have a criminal record