Author: Amelia Ramsay
Practice area: family violence offences
Amelia is a Partner at Doogue + George, recognised by Doyle's Guide as a Recommended Criminal Defence Lawyer in Victoria (2026), practising exclusively in criminal law since 2014. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Amelia authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Persistent Contravention of Family Violence Intervention Order or Notices?
Persistent Contravention of a Family Violence Intervention Order or Family Violence Safety Notice is an indictable offence under section 125A of the Family Violence Protection Act 2008 (Vic). It targets patterns of repeated non-compliance with court-imposed family violence protections within a defined period, treating ongoing breaches as a distinct and more serious criminal charge.
Key points
- Elements: A person commits a contravention and has at least two prior contraventions within the preceding 28 days, and knew or ought to have known the conduct was a breach.
- Type of conduct: Multiple breaches connected to the same family violence intervention order or family violence safety notice, including where a safety notice constituted the application for the order.
The maximum penalty for Persistent Contravention of Family Violence Intervention Order or Notices is 600 penalty units ($125,460 as at 2026-27) or 5 years imprisonment, or both.
Common defences may include Failure to prove intent, impossibility, necessity, factual error, or failure to establish one or more required elements.
Have you been accused of Persistent Contravention of Family Violence Intervention Order or Notices?
Police Interview
The police will want to interview you if they are investigating you in relation to a persistent contravention charge. It is common in cases like this for the police to charge you regardless of what you say in the interview. This doesn’t mean you should conduct the interview without receiving adequate legal advice.
Investigations of this kind always involve two sides to the story and the police interview is not always the best time to tell your side. Whilst the police will always listen to both sides, it doesn’t mean you then avoid being charged. There are a few considerations worth exploring and discussing ahead of a police interview for more than two contraventions of a Family Violence Intervention Order (“FVIVO”) or Family Safety Notice (“FSN”).
Every situation is unique and our lawyers offer bespoke legal advice that takes into account all relevant information. We have achieved great results for our clients facing persistent contravention charges that started out with sound legal advice – call us before your interview.
Pleading Not Guilty
Persistent contravention charges are taken seriously but are not always proven. To succeed, each alleged breach must be established. Our experienced defence lawyers have successfully had breach charges withdrawn, preventing a persistent contravention charge from proceeding—often without the need to enter a courtroom.
This is achieved by carefully assessing the strength of the evidence and listening to your account of events. Allegations in family violence contexts are sometimes exaggerated or false. We have a proven track record of presenting the true version of events to the police, resulting in charge withdrawals for our clients.
The sooner you contact us about defending these charges, the better your prospects of success.
Pleading Guilty
We are specialist defence lawyers who have years of experience in preparing powerful plea hearings on behalf of our clients. Persistent contravention charges arise in a sensitive and personal context. Often the individual breaches are unintentional or not too serious in nature. Sometimes they are intentional and appear to be at the serious end of the scale, but with an explanation that explains the context and why you did what you did.
We understand this and tailor our service accordingly. We put our clients mind at ease, prepare a sympathetic plea in mitigation and ask the court for a sentence we think is fair and appropriate.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Family Violence Protection Act 2008 (Vic) s 125A — 313 charges across 15 cases, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 83.1% |
| Community Correction Order | 13.1% |
| Fine | 3.5% |
| Youth Justice Centre Order | 0.3% |
The data demonstrates a very high likelihood of a custodial sentence at this level, reflecting the seriousness of repeatedly breaching court-ordered protections. When determining penalty, the court will consider factors such as the number of breaches, the impact on the protected person and the offender’s prior history. Strong legal representation is essential where imprisonment is highly likely.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Family Violence Protection Act 2008 (Vic) s 125A(1) — 11,561 charges across 7,934 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Outcome | % |
|---|---|
| Imprisonment | 42.3% |
| Adjourned Undertaking | 19.1% |
| Community Correction Order | 21.3% |
| Fine | 16.0% |
| Discharge/Dismissal | 0.9% |
| Other | 0.3% |
These figures indicate a significant risk of imprisonment, although courts frequently impose community-based supervision or financial penalties depending on the circumstances. Sentencing will depend on the seriousness and frequency of the breaches, the impact on the protected person and the offender’s prior history. Early legal advice can assist in achieving the best possible outcome.
What is the legal definition of Persistent Contravention of Family Violence Intervention Order or Notices?
It is an offence to persistently contravene a family violence intervention order or family violence safety notice.
The elements of the offence are:
- an accused engages in conduct which constitutes a contravention of an intervention order in accordance with s123 or a contravention of a safety notice in accordance with s37; and
- on at least two occasions in the preceding four weeks, that accused engaged in conduct which constitutes a contravention of an intervention order in accordance with s123 or a contravention of a safety notice in accordance with s37; and
- that conduct occurred in relation to:
- the same protected person; or
- the same family violence intervention order (whether interim or final) or family violence safety notice, irrespective of whether it was directed at the same protected person; or
- a family violence safety notice and a family violence intervention order (whether interim or final), provided that the relevant safety notice constituted the application for the relevant intervention order, irrespective of whether the conduct of the accused was directed at the same protected person; and
- on each occasion in which the accused engaged in the relevant conduct, the accused knew or ought to have known that the conduct constituted a contravention of the intervention order or safety notice1
Examples of Persistent Contravention of Family Violence Intervention Order or Notices
- A person goes to the house of an ex-partner when there is an intervention order in place. Two weeks later the same person contacts their ex-partners mother who is included in the same order. That person ought to have known not to contact both people.
- A person threatens a family member who is protected under an intervention order by way of damaging their property via text massage. The following day the same person posts a photo of their family member on social media. That person ought to have known not to contact that person or visit that property.
- A person is repeatedly seen to be too close to a protected persons residence, work or their school or childcare if they are younger. That person ought to have known not to visit those locations.
Legislation
The offence of Persistent Contravention of Family Violence Intervention Order or Notices, is governed by section 125A of the Family Violence Protection Act 2008.
Elements of the offence
- The accused engaged in conduct that would constitute an offence against section 37 of the Family Violence Protection Act 2008 (contravention of family violence safety notice) or section 123 (contravention of family violence intervention order)
- On at least 2 other occasions within a period of 28 days immediately preceding the conduct (breach of order/notice), the accused engaged in conduct that would constitute an offence against section 37 or section 123 in relation to the same protected person; or the same family violence safety notice or family violence intervention order (when an interim order or final order), whether or not in relation to the same protected person; or a family violence safety notice and a family violence intervention order (whether an interim order or final order) made on the family violence safety notice as an application, whether or not in relation to the same protected person AND
- On each of the occasions referred to in the paragraphs (a), and (b) the accused knew or ought to have known that the conduct constituted a contravention of the family violence safety notice or family violence intervention order (as the case requires).
Defences
Cases related to the offence of Persistent Contravention of Family Violence Intervention Order or Notices may be defended on the basis of a failure to prove the intent to commit the offence, impossibility, necessity, factual errors, failure to comply with the elements of the offence (as stated above), and the concept of putting the prosecution to their proof.
Questions in cases like this
- Did the conduct constitute a breach of an order or notice?
- Did the person know or should they have known that they were breaching an order or notice?
- Is there clear separation between the alleged conduct?
Maximum penalty for section 125A of the Family Violence Protection Act 2008
The offence of Persistent Contravention of Family Violence Intervention Order or Notices (s125A of the Family Violence Protection Act 2008) carries a maximum fine of 600 penalty units ($125,460 as at 2026-27) or maximum of 5 years imprisonment, or both.
Case studies related to Persistent Contravention of Family Violence Intervention Order or Notices
- Adjourned Undertaking for Persistent Contravene Family Violence Intervention Order
- Bail Application for Family Violence Charges
- Contravening a Family Violence Intervention Order
- How is Family Violence Proven at an IVO hearing?
Other important resources
- SACStat Higher Courts – Family Violence Protection Act 2008 (Vic) : s 125A(1) – persistent contravention of family violence intervention order or safety notice
- SAC Statistics – Family Violence Protection Act 2008 (Vic) : s 125A(1) – persistently contravene a family violence safety notice or intervention order
FAQ About Persistent Contravention of Family Violence Intervention Order or Notices
What timeframe applies to allegations of persistent contravention?
Can a family violence safety notice and an intervention order both be relied on for this charge?
Do all alleged breaches have to relate to the same order?
How are multiple alleged breaches handled by police?
What factual disputes commonly arise in persistent contravention matters?
Is police interview common in persistent contravention investigations?
[1] Judicial College Victoria, 4.1.3 – Persistant Contravention of Intervention Order or Safety Notice (19 April 2013) < http://www.judicialcollege.vic.edu.au/eManuals/FVBBWeb/45467.htm>.
