Breach of intervention order

 

Breaching an intervention order


Breaching the conditions of an intervention order is a criminal offence and is taken very seriously by the Court.

Breach of an intervention order is punishable by a potential term of imprisonment of up to 2 years.

A finding of guilt for breaching an intervention order will in most cases also result in a criminal record. This can have serious ramifications in other areas of life including travel and employment.

 

Persistent breach of an intervention order


If the conduct amounting to a breach of intervention order occurred on two or more occasions within a 28 days the offender may be charged with “persistent” breach. This is a more serious charge than a mere breach and is punishable by a potential term of imprisonment of up to 5 years.

 

Establishing a Breach

In order for the police to successfully prosecute for breach of an intervention order they must prove beyond reasonable doubt that:

  • there was a valid intervention order in place;
  • a copy of the order was served on you and fully explained; and
  • you acted in a manner that contravened the conditions of the order.

If you are being investigated or have been charged with breach of an intervention order it is important that you seek advice early. You can reach us on 1300 616 183 or click here to request an appointment.