Intervention orders, which commonly may be known as restraining orders, are legal documents issued by the court to protect individuals from threats or acts of violence. They prohibit individuals from engaging in certain activities and are aimed to increase the safety of everyone.
There are two types of intervention orders in Victoria. A Family Violence Intervention Order pertains to a family member, such as a partner or ex-partner. There is also a Personal Safety Intervention Order, which may be given to someone who is not a family member. A neighbour or work colleague are two examples of someone who may receive a Personal Safety Intervention Order.
But what happens if you’re accused or charged with breaching an intervention order?
An intervention order is only a civil order, but breaching an intervention order is a criminal offence and can have serious consequences.
Experienced criminal lawyers at Stary Norton Halphen can help you navigate this complex area of law, help you know your rights, and guide you through the process of defending yourself.
Breaching an intervention order can occur in various forms. From sending a text message to an unpermitted source, to something as serious as assaulting a person who has an intervention order against you. Anything that goes against the conditions of the intervention order may result in penalties.
When an individual breaches an intervention order, they face penalties that may include fines, imprisonment, and criminal records. These consequences depend on the seriousness of the breach and the individual's history of previous breaches. Criminal lawyers can provide guidance on the potential penalties and help you understand your rights and options.
Breaching an intervention order can result in substantial fines in Victoria. The amount depends on the severity of the breach and other surrounding circumstances. For first-time offenders, fines may be reduced or waived in certain cases.
In more severe cases, breaching an intervention order can lead to imprisonment, particularly if the breach involves physical violence or a history of past offences. Imprisonment periods can range from a few months to several years, depending on the severity of the breach and other factors. In Victoria, the maximum penalty for a single breach is two years. However, breaching an intervention order on multiple occasions may result in up to five years imprisonment. Engaging criminal lawyers can help build a solid defence and potentially reduce the length of imprisonment.
Apart from fines and imprisonment, breaching an intervention order can also result in a criminal record. This can have long-term impacts on an individual's life, such as difficulties in finding employment, securing housing, or obtaining certain licences.
If you breach an intervention order, it is essential to take immediate steps to rectify the situation and understand your rights.
The first step is to immediately seek professional advice from criminal lawyers who specialise in intervention order cases. They can guide you through the legal process, advise on potential consequences, and develop a strategy to minimise the impact of the breach on your life.
After seeking legal advice, ensure you comply with the intervention order to avoid further consequences. This may include avoiding contact with the protected person, staying away from certain locations, or ceasing specific behaviours.
If you've breached an intervention order unintentionally, it's crucial to gather evidence to support your innocence. Document any steps taken to rectify the situation immediately after the breach, such as apologising, seeking legal advice, or attempting to comply with the order.
When facing the repercussions of breaching an intervention order, it's essential to have experienced legal representation on your side. If you’re accused of breaching your intervention order, contact Stary Norton Halphen today. As leading criminal lawyers in Victoria, Australia, with expertise in handling intervention order cases, their team of skilled and experienced lawyers will walk you through the legal process, ensuring that your case is thoroughly investigated and all relevant evidence is considered. They'll provide guidance on potential penalties and work tirelessly to minimise the impact that an intervention order will have on your life.
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Doyle's Guide First Tier Criminal Law firm (2020, 2021 and 2022).
