Quick answer
Charged with contravening a family violence intervention order in Victoria? There are three separate offences - the standard charge (2 years), contravention intending harm or fear (5), and persistent contravention within 28 days (5). Why every extra contact builds the bigger charge, the genuine defences, and how to handle it.
What this video covers
- Introduction (0:00)
- Not one offence — three (0:04)
- Victoria's three breach offences (0:28)
- Breach is read widely (0:56)
- The genuine answers (1:24)
- Every extra contact builds the bigger charge (1:53)
- From today (2:18)
- Handle it early and honestly (2:50)
- Free help, any hour - 1800 577 015 (3:16)
Transcript
Charged with contravening a family violence intervention order in Victoria. The first thing your lawyer will check is something most people never realize. Victoria does not have one breach offense. It has three, stacked by seriousness, and which one is on your charge sheet changes everything from the maximum penalty to how the prosecution runs it. The three offenses: Contravening the order, the standard charge, carries up to two years in prison. Contravening it intending to cause the protected person harm or fear for their safety, carries up to five.
And persistent contravention, breaching two or more times inside twenty eight days, also carries up to five. Same order. Very different mountains. And breach is read widely. A text, a call, a comment on a post, flowers left on a doorstep, a message sent through a friend, being at the address. If a condition prohibits it, doing it by any route is a contravention, including when the protected person makes contact first. Their invitation does not suspend the order. Only the magistrate's court can change it. The genuine answers.
The prosecution must prove you were served with the order or had it explained to you, so knowledge is a real issue, not a technicality. They must prove the conduct fell inside a condition, and conditions have exact words. They must prove identity. And where the breach is real, victorious courts weigh context heavily, what the contact actually was, why, and what has changed since. One warning worth its own moment. The twenty eight day window means every extra contact is not just another mistake it is the raw material for the five year persistent offense.
People talk themselves into one more message to fix things, and charge by charge, they build the prosecution's case for it. Stop entirely. Today. So, from today: Total compliance with every condition, even ones that feel unfair because the path to changing them runs through a variation application, not through bending. No contact of any kind with the protected person. Write down what actually happened with dates and screenshots kept safe. And take advice before any plea, because which of the three offenses is charged, and whether it is the right one, is exactly the kind of thing lawyers change.
Three offenses, exact words, and a window that punishes drift. That is a breach charge in Victoria. Handled early and honestly, it is very often survivable with your record and your future intact. Our hotline is free to call at any hour, and a consultation with a criminal lawyer is a fixed price. The number is right there on your screen.
Important
This video provides general legal information for Victoria. It is not legal advice and does not take account of your circumstances. Laws and court processes change. For advice about your situation, speak with a qualified lawyer.