Breach of an intervention order is a serious criminal offense in Australia that can result in imprisonment, fines, and significant consequences for your family law proceedings. Understanding what constitutes a breach, the potential penalties, and how to defend against allegations is crucial for protecting your rights and freedom.
Understanding Intervention Orders
Types of Intervention Orders
- Family Violence Intervention Orders (FVIO): Protect family members from violence
- Personal Safety Intervention Orders (PSIO): Protect individuals from non-family violence
- Interim Orders: Temporary protection while applications are heard
- Final Orders: Long-term protection orders
Common Conditions
Intervention orders typically include conditions such as:
- No contact with the protected person
- Stay away from specified locations (home, workplace, school)
- No threatening, intimidating, or harassing behavior
- Surrender firearms or weapons
- Attend counseling or anger management programs
- Allow supervised contact with children
Critical: You must comply with all conditions of an intervention order, even if you believe the order was wrongly made or you disagree with the conditions. Breaching an order is a criminal offense regardless of your opinion about its validity.
What Constitutes a Breach?
Direct Breaches
- Contact violations: Any form of contact when prohibited
- Location violations: Going to prohibited places
- Threatening behavior: Making threats or intimidating actions
- Harassment: Persistent unwanted contact or behavior
- Violence: Any physical violence or assault
Indirect Breaches
- Third-party contact: Using others to make contact
- Social media: Contact through online platforms
- Gifts or messages: Sending items or communications
- Following or surveillance: Stalking behavior
- Proximity violations: Being too close to protected person
Technical Breaches
- Accidental contact: Unintentional encounters
- Emergency situations: Contact during genuine emergencies
- Misunderstanding conditions: Genuine confusion about requirements
- Changed circumstances: Situations not contemplated by the order
Penalties for Breach
Criminal Penalties
Breach of intervention orders can result in:
- Imprisonment: Up to 2 years for first offense, up to 5 years for subsequent offenses
- Fines: Substantial monetary penalties
- Criminal record: Permanent criminal conviction
- Community corrections orders: Supervised community service
- Good behavior bonds: Conditional release requirements
Aggravating Factors
Penalties may be increased for:
- Previous breaches or family violence history
- Violence or threats during the breach
- Breach in presence of children
- Use of weapons or threats with weapons
- Persistent or ongoing breaches
Family Law Consequences
- Custody impact: Reduced or supervised contact with children
- Credibility damage: Negative impact on family court proceedings
- Extended orders: Longer or more restrictive intervention orders
- Parenting capacity: Questions about fitness as a parent
Serious Consequences: A breach conviction can have lasting impacts on your employment, travel, housing, and relationship with your children. The consequences extend far beyond the immediate criminal penalties.
Common Breach Scenarios
Contact Violations
Scenario: Text Message
Sending a text message to the protected person, even if it's about children or practical matters, can constitute a breach if the order prohibits all contact.
Scenario: Social Media
Liking, commenting on, or sharing the protected person's social media posts can be considered contact and breach the order.
Scenario: Third Party Contact
Asking a friend or family member to pass on a message to the protected person can be an indirect breach.
Location Violations
Scenario: School Pickup
Going to your child's school to pick them up when the school is a prohibited location, even if you have parenting rights.
Scenario: Workplace
Attending the protected person's workplace, even for legitimate business purposes unrelated to them.
Accidental Encounters
Scenario: Shopping Center
Accidentally encountering the protected person at a shopping center. While this may not be intentional, you must leave immediately to avoid a breach.
Defenses to Breach Allegations
Legal Defenses
Lack of Knowledge
- You weren't properly served with the order
- You weren't aware of the specific conditions
- The order wasn't clearly explained to you
Impossibility or Necessity
- Emergency situations requiring contact
- Circumstances beyond your control
- Genuine medical or safety emergencies
Consent or Invitation
- The protected person initiated or invited contact
- The protected person consented to the interaction
- Note: This defense has limitations and doesn't always apply
Factual Disputes
- You weren't at the alleged location
- You didn't make the alleged contact
- The alleged behavior didn't occur
- Mistaken identity or false allegations
Challenging the Evidence
- Witness credibility: Questioning the reliability of witnesses
- Physical evidence: Challenging CCTV, phone records, or other evidence
- Timeline issues: Demonstrating inconsistencies in the alleged breach
- Alternative explanations: Providing innocent explanations for the evidence
Important: Even if the protected person invites or consents to contact, this may not be a complete defense to breach charges. The order remains in effect regardless of the protected person's wishes, and you should seek legal advice before relying on consent as a defense.
If You're Accused of a Breach
Immediate Steps
- Don't panic: Stay calm and think clearly
- Don't make statements: Exercise your right to remain silent
- Contact a lawyer: Seek immediate legal representation
- Gather evidence: Collect any evidence that supports your position
- Document everything: Write down your recollection of events
Police Interview
- Right to silence: You don't have to answer questions
- Legal representation: Request a lawyer before being interviewed
- Don't admit guilt: Even if you think you might have breached
- Stay calm: Don't become argumentative or aggressive
Court Proceedings
- Bail considerations: You may be held in custody or released on bail
- Legal representation: Engage an experienced criminal lawyer
- Plea decisions: Consider your options carefully with legal advice
- Sentencing factors: Prepare mitigation evidence if pleading guilty
Preventing Breaches
Understanding Your Order
- Read carefully: Understand every condition and restriction
- Seek clarification: Ask your lawyer to explain unclear terms
- Keep copies: Always carry a copy of the order
- Know the duration: Understand when the order expires
Practical Compliance
- Change routines: Avoid places where you might encounter the protected person
- Block contact: Delete phone numbers and block social media
- Inform others: Tell family and friends not to pass on messages
- Plan alternatives: Arrange alternative ways to handle necessary interactions
Child-Related Issues
- Separate orders: Ensure family court orders don't conflict with intervention orders
- Supervised contact: Use supervised contact centers if required
- Third-party exchanges: Arrange child exchanges through neutral parties
- Communication apps: Use court-approved communication platforms
Variation and Discharge
When Orders Can Be Changed
- Significant change in circumstances
- Both parties agree to variations
- Original order was based on incorrect information
- Conditions are no longer necessary or appropriate
Application Process
- Court application: Formal application to vary or discharge
- Evidence required: Demonstrate changed circumstances
- Protected person's views: Court will consider their position
- Legal representation: Strongly recommended for applications
Important: You must continue to comply with the existing order while any variation application is being considered. The order remains in full effect until formally changed by the court.
False Allegations
Common Motivations
- Gaining advantage in family law proceedings
- Revenge or punishment
- Maintaining control or power
- Preventing contact with children
- Financial advantage
Protecting Yourself
- Document your whereabouts: Keep detailed records of your activities
- Witnesses: Ensure others can verify your location and actions
- Technology evidence: Use GPS, photos, and timestamps
- Communication records: Keep all communications and avoid contact
- Professional support: Maintain relationships with counselors or support services
Responding to False Allegations
- Stay calm: Don't react emotionally to false accusations
- Gather evidence: Collect proof of your innocence
- Legal representation: Engage experienced criminal defense lawyers
- Don't retaliate: Avoid any behavior that could be seen as intimidation
Impact on Family Law Proceedings
Custody and Access
- Breach allegations can result in suspended or supervised contact
- Courts may view breaches as evidence of risk to children
- May affect parenting capacity assessments
- Can influence final parenting orders
Property Settlement
- Criminal charges may delay property proceedings
- Legal costs can impact available assets
- May affect capacity to pay spousal maintenance
- Can influence court's view of conduct during relationship
Getting Help
Legal Representation
- Criminal lawyers: Experienced in intervention order breaches
- Family lawyers: For related family law matters
- Legal Aid: May be available for serious charges
- Duty lawyers: Available at court for initial appearances
Support Services
- Men's support groups: Peer support and guidance
- Counseling services: Professional support for stress and anxiety
- Financial counselors: Help managing legal costs
- Community legal centers: Free legal information and advice
Conclusion
Breach of intervention orders is a serious criminal matter that requires immediate and careful attention. The consequences extend far beyond criminal penalties and can significantly impact your relationship with your children and your future prospects.
If you're subject to an intervention order, strict compliance is essential. If you're accused of a breach, immediate legal representation is crucial. Don't attempt to handle these matters alone – the stakes are too high and the legal system too complex.
Remember that intervention orders, while sometimes frustrating or seemingly unfair, exist for protection purposes. Focus on compliance, seek appropriate legal advice, and work toward resolving underlying issues through proper legal channels.