Intervention order breaches (FVIO)
Breaking the conditions of a family violence intervention order is serious. You can be charged by the police and may need to go to court.
If a respondent breaks the conditions of a family violence intervention order, family violence safety notice or a counselling order, the police can charge them with a criminal offence. This is called a breach.
The court takes breaches of intervention orders very seriously. If the court finds the respondent guilty, they can be given a:
- prison sentence
- good behaviour bond or other penalty.
The respondent will also have a criminal record.
If you're an applicant or affected family member
If the respondent breaches an order, you should contact the police. The police will use the Code of Practice for the Investigation of Family Violence to guide them in investigating the breach.
If the respondent keeps breaching the order, you may want to write down the details of each incident. This will help the police in their investigations.
For each incident, you can write down:
- what happened
- the condition they broke
- date and time.
If you think recording these details will make you or someone else unsafe, ask for advice. See find support for organisations that may be able to help you.
If you’re a respondent
The police can arrest and charge you if you:
- break the conditions of a family violence safety notice, intervention order, interim intervention order or counselling order
- have committed another kind of offence, for example, assault or property damage.
If you are charged, you will need to decide whether to plead guilty or not guilty. You should have a lawyer for your court hearing. It’s best to get legal advice well before the hearing date.
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.