Author: Ophelia Hollway
Practice area: Breach
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Breach of an Intervention Order?
Breach of an Intervention Order is an offence where a person disobeys conditions imposed by a court order, such as contacting a protected person or attending a prohibited location. The offence arises under Victorian law and can result in imprisonment or a substantial fine if the order is contravened.
Key points
- An intervention order existed and the accused engaged in conduct that breached its conditions.
- Conduct can include direct or indirect contact, messages, social media interaction, or attending a restricted place.
- Usual court level: Magistrates’ Court.
The maximum penalty for Breach of an Intervention Order is a jail sentence of up to 2 years and fines of up to $10,000+.
Common defences may include lack of intent, lack of knowledge of the order, accidental contact, emergency circumstances, or contact initiated by the protected person.
Charged with a Breach of IVO in Victoria? Our Specialist Criminal Lawyers Can Help.
If you’ve been charged with breaching an Intervention Order (IVO), you’re likely feeling overwhelmed — maybe even terrified. Gaol time, a criminal record, or losing your job could all be on the line.
You’re not alone. And you don’t have to face this without expert legal support.
Call Us Today for a Free Consultation
How Serious is a Breach of an Intervention Order?
A breach of an Intervention Order happens when you do something the court has told you not to do. These orders are legal protections issued by a court to prevent one person from harming or contacting another.
You can be charged with a breach even for things that might seem minor, like sending a text, liking a social media post, or turning up at a location by accident. And in many cases, it doesn’t matter if the protected person initiated the contact.
Breaching an IVO is a serious criminal offence in Victoria. The police will investigate the matter, and if found guilty, you could face severe penalties.
Types of Intervention Orders We Handle
These apply when someone is accused of violence, threats, or abusive behaviour towards a family member. Example: An ex-partner claims you sent them threatening messages.
These cover non-family relationships, like neighbours or co-workers. Example: A colleague alleges you’ve been following them after work.
What to Do If You’re Accused of a Breach Of an Intervention Order
If you’ve just been charged or questioned by police, here’s what you need to do right now:
Step 1. Do not speak to the police
until you’ve spoken to a lawyer. Even offhand comments can be used against you.
Step 2. Contact a lawyer immediately.
Early advice can shape the entire direction of your case.
Step 3. Collect any evidence you have
messages, call logs, GPS data, or proof of alibi.
Step 4. Avoid any contact with the protected person
no matter what. Even if they contact you first, responding could make things worse.
Step 5. Stay calm.
A charge is not the same as a conviction. There are always legal options.
Talk to a Lawyer Before You Say Anything
Why Choose Doogue + George for Breach Of Intervention Order
We know how stressful this is. We also know how to defend it.
- Over 47,000 Criminal Prosecutions Defended
Our team has handled tens of thousands of criminal cases, giving us the insight and experience needed to defend even the most complex IVO breaches.
- Specialists in Sexual Offence and Consent-Based Allegations
You’ll be represented by lawyers formally recognised by the Law Institute of Victoria for their expertise and professionalism in criminal defence.
- Discreet, Non-Judgmental Representation
We understand the emotional weight of these charges and treat every client with absolute respect, privacy, and compassion. No assumptions, no judgment.
- Experience with High-Profile and Historical Matters
We’ve successfully defended clients in complex, high-stakes cases, including matters that involve sensitive allegations and historical breaches of intervention orders.
- Offices Across Melbourne
Wherever you’re based, we have an office nearby. We appear regularly in local Magistrates’ Courts across Victoria and Sydney.
Client Testimonials & Awards
Recent Case Studies
Family Violence Involving Persons With Mental Health Issues
Driving Whilst Suspended on a Court-Imposed Suspension
Fighting an Interim Intervention Order
What Are the Penalties for Breach Of an Intervention Order in Victoria?
If found guilty of an IVO breach, penalties may include:
- Fines of up to $10,000+
- A jail sentence (up to 2 years)
- A criminal record (which may affect employment or travel)
- A conviction that impacts your family law or custody matters
Not all breaches lead to jail. The outcome depends on your situation, the seriousness of the breach, and how your case is handled. With the right legal strategy, many cases are resolved without a conviction.
Defence Strategies for Breach Of an Intervention Order
Every case is different, and defences often exist, even if things seem bleak right now. Some potential defences include:
Lack of intent
You didn’t deliberately breach the order. For example, your actions were unintentional or misunderstood, and there was no plan or desire to break the IVO conditions.
Lack of knowledge
You genuinely didn’t know the order was active, or you misunderstood the restrictions. This often happens when someone hasn’t been properly served or the wording is unclear.
Accidental contact
You ran into the protected person by coincidence, such as at a supermarket or event. The contact was unplanned, brief, and not in violation of the order’s purpose.
Contact initiated by the protected person
Even if the other person reached out first, you can still be charged. However, this context can form part of your defence and reduce blame.
Emergency circumstances
You only broke the order because of an urgent or unavoidable situation, such as needing to care for a child or respond to a serious health or safety issue.
Sentencing
Sentencing Outcomes in the Higher Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Family Violence Protection Act 2008 (Vic) s 123 — 224 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 83.9% |
| Fine | 8.9% |
| Community Correction Order | 4.5% |
| Other | 2.2% |
| Youth Justice Centre Order | 0.4% |
Sentencing Outcomes in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Family Violence Protection Act 2008 (Vic) s 123(2) — 30,318 charges across 18,090 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Adjourned Undertaking | 26.2% |
| Imprisonment | 25.4% |
| Fine | 25.4% |
| Community Correction Order | 18.4% |
| Discharge/Dismissal | 4.3% |
| Other | 0.3% |
FAQs About Breach Of Intervention Order Charges in Victoria
What conduct can amount to a breach of an intervention order?
Can a breach occur if the protected person makes contact first?
Is imprisonment common for breach of intervention order offences?
Do I need a lawyer if it’s my first breach?
Can I see my kids if there’s an IVO in place?
How long does an IVO breach case take to resolve?
Is a breach of IVO a criminal offence in Victoria?
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