Accredited Criminal Lawyers Melbourne
Breach Of An Intervention Order
Every breach of an intervention order offence case is unique. Our approach focuses on identifying the strongest possible defence based on the specific circumstances of your case.
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Elements of the offence
For the prosecution to prove the offence of breach of an intervention order, they must satisfy elements of the offence. They can be found in s 123 of the Family Violence Protection Act 1981 (Vic) and are as follows:
- The accused was legally bound to follow the terms of an Intervention Order; and
- The accused breached the terms of the Intervention Order they were under.
Will I have to go to court?
Charges for breach of an intervention order will usually be heard in the Magistrates’ Court. A charge for breach of an intervention order will usually be heard only by a Magistrate.
Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence.
Maximum Penalty
The maximum penalty for a charge of breaching an intervention order is 2 years imprisonment. According to the Sentencing Council Victoria, between 1 July 2011 and 30 June 2016, 244 people were sentenced with breach of an intervention order as the principal offence. From that number, 80.7% were given imprisonment sentences. Non-imprisonment sentences included Community Corrections Orders (6.6%) and fines (4.5%).
Defence strategies
Technical Breaches
Establishing that a breach was a a minor technical violation rather than anything more serious
Misunderstanding of Terms
Challenging whether order terms were clearly defined and understood
Proportionality Arguments
Orders that are unreasonable or impossible to comply with
Reasonable Excuse
Medical emergency or unforeseen circumstances preventing compliance with an order
Why Choose Emma Turnbull Lawyers to Defend Breach Of Intervention Order Charges?
Every case is overseen by an Accredited Criminal Law Specialist.
Emma Turnbull Lawyers focuses exclusively on criminal defence and intervention orders, offering specialised defence. We handle high-stakes cases across Victoria, providing clear, strategic direction when your liberty is on the line.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
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