Characteristics of respondents charged with breach of family violence intervention orders

Breaches of family violence intervention orders are one of the fastest-growing offences in Victoria. Understanding who breaches and why is important for agencies that provide services to both respondents and applicants.

This paper identifies the common characteristics of respondents who receive legal assistance when charged with breach of a family violence intervention order. It also analyses the characteristics of clients who have received legal assistance multiple times when charged with breaching an order.

The paper reinforces the need to ensure:

people charged with breaches receive appropriate legal advice
orders are tailored to the circumstances of each client
we make appropriate referrals to other agencies, including non-legal agencies, if necessary.

Providing appropriate legal advice and support may help increase the rate of compliance with intervention orders, reduce recidivism and increase safety for victims.

Key statistics

Over the last five years, there has been a 24 per cent increase in family violence duty lawyer services and a 173 per cent increase in duty lawyer services for breaches of intervention orders.

In 2014–15, Victoria Legal Aid and community legal centres provided more than 21,100 duty lawyer services for family violence intervention orders. However, our lawyers were only able to assist 39 per cent of people eligible for help.

Most of our clients do not return on a second breach charge. 77% received a single grant of aid. 23% received multiple grants of aid.

High levels of disadvantage and disability among multiple charge clients. 9 out of 10 were unemployed. 3 out of 10 reported a disability. A multiple charge client is 2x more likely to have an acquired brain injury. 38% of female clients on a support benefit received the Disability Support Pension. 26% of male clients on a support benefit received the Disability Support Pension.

Characteristics of clients charged with more than one breach. 90% were male. 3 out of 10 were aged between 25 and 34 years. 10% were female. 5% identified as Aboriginal or Torres Strait Islander, this group makes up less than 1% of Victorians.

Prior history of legal problems. 98% of multiple charge clients experienced a legal problem before their first family violence breach grant. 2 out of 3 of these matters involved allegations of threatening or violent offences (crimes against the person).

Research findings

Examining our client data from 2008–2015, we found that the largest group we assisted for breaches of family violence intervention orders were men aged between 25 and 44. Many lived with disability or mental health issues, were unemployed and had already received legal aid help before their first charge of a breach.

Twenty-three per cent of clients funded for ongoing representation were charged more than once with breaching an order. Among this group of 1,043 people:

86% were unemployed
90% were men
27% reported a disability or mental health issue
were twice as likely to have an acquired brain injury
98% had a history of legal problems – 66% related to matters involving allegations of threatening or violent behaviour
one in 20 were Aboriginal and Torres Strait Islander (a group representing less than one in 100 Victorians).

Female clients in the study experienced more disadvantage than men:

84% of women given a grant of legal aid for a breach charge were on a government benefit, compared to 72% of men
38% of those on a government benefit received the Disability Support Benefit, compared to 26% of men.

The research draws on data relating to our clients only. However, the findings are consistent with international studies of those breaching intervention orders.

Characteristics of respondents charged with a breach of family violence intervention orders

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Infographic: Characteristics of legally aided respondents charged with breach of family violence intervention orders

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