Breaching an intervention order is one of the most frequently prosecuted offences in the Victorian Magistrates’ Court — and it is a criminal charge in its own right, separate from the order itself. A breach can be alleged even where contact seemed minor or was initiated by the protected person. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria on fixed fees.
The Offence (Section 123)
Under section 123 of the Family Violence Protection Act 2008, a person commits an offence if they contravene a family violence intervention order. (A parallel offence under the Personal Safety Intervention Orders Act applies to personal safety intervention orders between non-family members.) The maximum penalty is 2 years’ imprisonment, a fine of 240 penalty units, or both. The matter is generally heard in the Magistrates’ Court.
What the Prosecution Must Prove
- a valid intervention order (or safety notice) was made;
- the accused had been served with it, or had it explained to them as required;
- the accused did something the order prohibited (or failed to do something it required); and
- the accused knew of, or was reckless as to, the conduct constituting the breach.
Aggravated and Persistent Breaches
- Contravention intending to cause harm or fear (section 123A) — where the breach is committed with intent to cause, or knowledge it will probably cause, harm or fear to the protected person. Maximum 5 years.
- Persistent contravention (section 125A) — at least three breaches within a 28-day period. Maximum 5 years.
Common Misunderstandings
Two points catch many people out. First, the order binds you, not the protected person — so even if the protected person contacts you first, or invites contact, responding can still be a breach. Second, “contact” is interpreted broadly and can include indirect contact, messages passed through others, and social media. If an order is in place, the safest course is to comply strictly and seek advice about varying it rather than relying on informal arrangements.
Defending the Charge
- No valid service or explanation of the order;
- No breach in fact — the conduct was not prohibited by the specific conditions;
- Accident or mistaken identity — for example, an accidental call or an unintended encounter;
- Reasonable excuse in defined circumstances; and
- Negotiated resolution, including diversion in suitable, lower-level cases.
If you have been charged, do not speak to police before getting advice — contact us first. Your matter will usually begin with a mention hearing. See also our family violence and intervention order pages.
Frequently Asked Questions
Can I breach an intervention order if the protected person contacts me first?
Yes. The order binds you, not the protected person. Even if they contact you first or invite contact, responding can still be a breach. If you want contact to be permitted, the order needs to be formally varied — you should not rely on the protected person’s apparent consent.
What is the penalty for breaching an intervention order in Victoria?
Contravening a family violence intervention order under section 123 carries a maximum of 2 years’ imprisonment, a fine of 240 penalty units, or both. Aggravated breaches intending harm (section 123A) and persistent breaches (section 125A) each carry up to 5 years.
What counts as ‘contact’ under an intervention order?
Contact is interpreted broadly. Depending on the conditions, it can include phone calls, texts, emails, social media, and indirect contact through other people. Even attending a prohibited place can be a breach. The specific conditions of your order determine what is prohibited.
I breached the order by accident. Is that a defence?
It may be. The prosecution must prove the breach and the required state of mind. A genuine accident or mistaken identity — such as an unintended encounter or an accidental call — can provide a defence, depending on the facts. Early legal advice is important.
Will I get a criminal record for breaching an intervention order?
Not necessarily. While these are treated seriously, lower-level breaches can sometimes be resolved by diversion or without a recorded conviction, depending on the circumstances and history. How the matter is presented and negotiated makes a real difference.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
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