What happens if you breach an Intervention Order?

Amasha

May 22

What happens if you breach an Intervention order?

An Intervention order (IVO) is a court-issued document that protects a person from someone who is causing them harm or fear, by placing restrictions on the behavior of the latter. The person obtaining the IVO is called the Protected Person while the perpetrator of violence is called the Respondent. This order could include stipulations to not approach, contact, or even communicate with the person named in the order. Consequences of breaching such orders can be serious.

If you've been served with an intervention order, have taken one, or even breached one, understanding the implications can be essential. So, what happens if you breach an intervention order? Let's dive into the details.

What may constitute a breach of an IVO?

A breach of an IVO occurs when the respondent fails to comply with the conditions outlined in the IVO. Breaching these orders is not merely a defiance of a person's wishes, it's a violation of a court order and is treated as such by the legal system. Breaches may include actions such as contacting the protected person directly or indirectly, attending their residence, or any other specified location, or engaging in behaviour that causes fear or distress to the protected person.

Importantly, ignorance is not an acceptable defence. If you're served with an intervention order, it's your responsibility to understand the conditions and abide by them. If you're uncertain about any aspect of the order, it's highly advisable to seek legal counsel to clarify your obligations.

Consequences of Breaching an IVO

The repercussions of breaching an Intervention Order can be significant. A respondent found guilty of a breach may face fines, probation, or in some cases, imprisonment. In Victoria, a breach is considered a criminal offence and can carry a sentence of up to two years imprisonment. Moreover, a breach can detrimentally affect related family law proceedings. If you're involved in child custody or property disputes, for example, a breach on your record can adversely impact the court's decision.

Being served with an Intervention Order can be stressful, and understanding all its ramifications may be overwhelming. Despite this, it's crucial to comply with the conditions of the order fully. If there are aspects of the order you're struggling to comprehend or if you're unsure whether certain actions might be considered a breach, don't hesitate to seek advice.

Key Takeaways

Breaching an Intervention Order is a serious offense and can lead to criminal charges.
It is crucial to understand the conditions outlined in the IVO and strictly adhere to them.
Even minor breaches can result in significant legal consequences and a criminal record.

Breached an IVO? What to do next?

If you find yourself in a situation where you have breached an IVO, it is essential to take immediate action to prevent any future charges. Here are some of the immediate steps that you could take:

Cease all contact: It is crucial to stop any contact with the protected person immediately. Any further violations can exacerbate the situation and lead to more severe consequences.
Seek legal advice: Contact a qualified family lawyer experienced in Intervention Orders. They can guide you through the legal process, explain your options, and help you build a strong defense.
Gather evidence: Collect any evidence that may support your case, such as text messages, emails, or witnesses who can testify on your behalf.
Attend court hearings: It is essential to attend all court hearings related to the breach of the Intervention Order. Failing to appear can result in additional penalties.
Comply with legal requirements: Cooperate fully with any legal obligations imposed by the court. This includes attending counseling or rehabilitation programs, if required.

Why do you need a lawyer?

Breaching an IVO is serious but it is also important to understand that help is available. If you are worried or uncertain about breaching an IVO, reach out to us for professional guidance. The right advice can help you navigate these complex situations and avoid the substantial legal consequences that could come with the breach.