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Breaching a family violence intervention order or safety notice

It is against the law for a respondent to breach (disobey) a family violence safety notice or intervention order.

Anyone can experience family violence

It happens across communities and in all kinds of relationships.

Your experience of family violence might be different to someone else’s. A family violence intervention order is one way you can get protection.

Our My safety tool can help you understand common separation issues, plan for your safety and find support.

You can also learn more about family violence support services.

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If a respondent disobeys (breaks the rules of) an intervention order or safety notice, it is called a breach or contravention.

Breaching is very serious. If the police charge you with a breach, get legal advice.

If the court finds you guilty of breaching, you may get a criminal record.

Every time a respondent breaches an order or safety notice, you should:

  • tell the police
  • take notes or keep a diary with the details of what happened
  • keep any evidence, such as text messages or photos of damage.

A breach is when a respondent does not follow the conditions of a:

Learn more about conditions (rules the respondent must follow).

Breaching is against the law. This means that if the respondent breaches, the police can charge them with a criminal offence. This offence is called ‘contravention of family violence intervention order’.

The court takes breaches very seriously. If the court finds the respondent guilty of breaching, they could get a:

  • criminal record
  • prison sentence
  • fine
  • good behaviour bond
  • other penalty.

What should I do if the police charge me with a breach?

If the police charge you with a breach, get legal advice as soon as possible.

You will need to decide whether to plead guilty or not guilty. It is no excuse to say that you did not mean to breach.

The court takes family violence and breaches very seriously. You should have a lawyer for your court hearing. Talk to a lawyer well before the hearing date.

If the court finds you guilty you could get a criminal record. This may make it more difficult to get certain kinds of jobs or travel in the future. If you are on a visa, you should talk to a migration lawyer about how a criminal record my affect you.

Learn more about what the police do about family violence.

What if the protected person says the behaviour is okay?

The respondent must always follow the conditions of their order or safety notice.

Breaching is against the law, even if an affected family member or protected person says it is okay. The police can still arrest and charge the respondent with a crime.

If you want the conditions to change, you may be able to apply to change the order.

How do I report a breach?

If the respondent breaches the order or safety notice, contact the police. Do this every time there is a breach.

Try to keep notes or a diary about what happened. Write down:

  • the date and time of the breach
  • exactly what happened
  • what was said, if anything.

This makes it easier for the police to act. If you have other evidence keep this too. For example:

  • text or social media messages
  • voicemails
  • photos of damage or injuries.

Every breach matters, even if it seems small. For example, driving past your house is significant if the respondent must not go within 200 metres of it. Report this to the police.

If someone reports a breach, the police must investigate. They should take a signed statement from the person reporting the breach. They will then interview the respondent and any witnesses before deciding whether to charge the respondent.

If you are unhappy with what the police do, you can make a complaint. Before you do this, is important to get legal advice.

Key things to remember

  • A breach or contravention is when the respondent does not follow the conditions (rules) of an order or safety notice.
  • Breaches are very serious. The police can charge the respondent with a criminal offence.
  • If the police charge you with a breach, get legal advice as soon as possible.
  • If found guilty of breaching, you will get a criminal record. You could also go to prison or get a large fine.
  • If the respondent breaches the order or safety notice, report it to the police. Do this even if the breach seems small. Keep notes with the details of any breaches. Keep any evidence, such as messages, voicemails or photos of damage.

More support and information

Visit Other support for violence, abuse and personal safety for information about:

  • legal services and how to find a lawyer
  • family violence and support services you can talk to about your situation
  • services to support you if you are First Nations, LGBTIQA+, a migrant, refugee, young or older person
  • free booklets, fact sheets, videos and other publications and resources.

Magistrates' Court of Victoria – intervention order breaches

Personal safety intervention orders

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