Breach of a Family Violence Intervention Order

Written by Justin Chua, Principal Solicitor, Chua Tan Associates. Last reviewed 17 October 2026. General information about Victorian law, not legal advice.

This page is for people charged with contravening (breaching) a family violence intervention order or safety notice in Victoria. These charges are treated seriously and imprisonment is a common outcome for repeated or aggravated breaches, but each case turns on what the order actually said and what can be proved.

The law

The offences are in the Family Violence Protection Act 2008 (Vic). Under section 123, a person against whom a family violence intervention order has been made must not contravene it, once they have been served with a copy or had the order explained to them as the Act requires.

To prove a basic breach, the prosecution must show beyond reasonable doubt that:

• an intervention order was in force at the time;
• you had been served with it, or it had been explained to you under the Act; and
• you did something the order prohibited, or failed to do something it required.

Two aggravated forms exist. Section 123A applies where you breached the order intending to cause, or knowing your conduct would probably cause, harm (including mental harm) or fear for safety to the protected person. Section 125A, persistent contravention, requires at least three distinct breaches of an order or safety notice within a 28-day period. Contravening a police-issued family violence safety notice is a separate offence under section 37.

Breach charges often come with related charges such as assault, criminal damage or stalking. See Assault & Violence.

Maximum penalties

• Contravene a family violence intervention order (s 123): 2 years’ imprisonment and/or 240 penalty units.
• Contravene an order intending to cause harm or fear (s 123A): 5 years and/or 600 penalty units ($125,460).
• Persistent contravention of notices and orders (s 125A): 5 years and/or 600 penalty units.

Penalty units are $209.10 each for the 2026-27 financial year.

What happens, step by step

1. Police attend or receive a complaint. Police have holding powers under the Act: they can detain an adult for up to 6 hours (or 10 hours if a court extends it) to apply for or serve an order or safety notice.
2. Interview. You can speak to a lawyer and you can decline to answer questions. See Police Interviews: Your Rights.
3. Charge and bail. You may be released on bail with conditions, or held for a bail hearing. Bail can be harder to obtain where family violence is alleged. See Bail Applications.
4. First mention. Usually in the Magistrates’ Court. Thirteen court locations, including Melbourne, Ringwood, Dandenong, Frankston, Heidelberg and Sunshine, operate as Specialist Family Violence Courts with specially trained magistrates and staff.
5. Brief of evidence. Police serve the order, proof of service, statements, phone records and any recordings.
6. Negotiation, plea or contest. Charges and the summary of facts can sometimes be negotiated. If you contest, the case goes to a contested hearing.
7. Sentence. The magistrate weighs the nature of the breach, your history and the safety of the protected person.

Penalties and realistic outcomes

Courts distinguish between technical breaches (for example, an incidental reply to a message) and breaches involving threats, violence or a pattern of contact. Prior breaches, the effect on the protected person and whether children were exposed weigh heavily.

Sentencing Advisory Council data for the Magistrates’ Court from 1 July 2020 to 30 June 2023 (SACStat) shows:

• For a basic breach (s 123), across 18,090 cases the most common outcome was a fine (28.8% of cases).
• For a breach intending to cause harm or fear (s 123A), across 2,548 cases the most common outcome was imprisonment (30.8%).
• For persistent contravention (s 125A), across 7,934 cases the most common outcome was imprisonment (25.7%).

The Council’s Third Monitoring Report (May 2022) found that the share of breach offences receiving imprisonment rose from 14% in 2011 to 40% in 2020. A community correction order with conditions such as a men’s behaviour change program is a realistic alternative in many cases.

Other consequences

• Firearms. Being the respondent to a final intervention order makes you a prohibited person for the life of the order plus five years. Interim orders can suspend a licence, and police may seize firearms when serving an order.
• Visas. Under the Minister’s direction for visa refusal and cancellation decisions (Direction No. 110, which Direction No. 123 replaces from 31 October 2026), family violence is a primary consideration and is viewed very seriously, even without a conviction. A sentence of imprisonment of 12 months or more (including combined terms) also means you fail the character test.
• Employment and checks. Findings of guilt can appear on police checks and may affect Working with Children Checks and jobs that require security clearances.
• Family law. Breach findings are often relevant in parenting proceedings.

Recent law changes

The Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026 (assent 10 February 2026) broadens the definition of family violence to include behaviours such as stalking and systems abuse, and introduces a default two-year term for intervention orders. Further legislation introduced in August 2026 proposes a coercive control offence and changes to how orders are extended after criminal proceedings. Not all of these changes may be in force yet, so we check which provisions apply on the date of your matter.

How we examine a case like this

• Whether the order was properly served or explained before the alleged breach.
• The exact wording of the conditions, which often permit some contact (for example, through a lawyer or for arranging children).
• Whether the contact was initiated by the protected person, and what the full message history shows.
• Whether the evidence supports the aggravated element of intending harm or fear, or three distinct breaches within 28 days.
• Your circumstances, any treatment or program you have started, and options to vary the order through the court.

Frequently asked questions

Is it a breach if the protected person contacted me first?

It can be. The order binds you, not the protected person. Who started the contact is relevant to the circumstances and penalty, but if you want contact the proper course is an application to the court to vary the order.

Will I go to jail for breaching an intervention order?

Not necessarily. For a first basic breach, fines and community-based orders are common. Imprisonment is the most common outcome for aggravated and persistent breaches in the Magistrates’ Court.

What is persistent contravention?

It is a separate offence under section 125A, charged where there are at least three distinct breaches of an order or safety notice within 28 days. It carries up to 5 years’ imprisonment.

Can an intervention order breach affect my visa?

Yes. Family violence is treated very seriously under the Minister’s direction for character decisions, and a sentence of imprisonment of 12 months or more means you fail the character test. Get advice before pleading.

Will I lose my firearms licence?

Usually. A final order makes you a prohibited person for the life of the order plus five years, and interim orders can suspend a licence.

Penalties and procedures on this page reflect Victorian and Commonwealth law as at the review date shown above. Maximum penalties are rarely imposed; the sentence in any case depends on its own facts.