Intervention Orders are a common feature in high-conflict relationship breakdowns. Despite the current prevalence of Family Violence Intervention Orders, people often misunderstand how they work. It is important to be aware of the serious criminal consequences for breaching the provisions of an Intervention Order. This may involve a fine, Community Corrections Order or in some cases a prison sentence.
A breach of an Intervention Order is treated as a criminal conviction which can be placed on your Police record and may interfere with your future employment prospects. As well as the penalties which might be imposed, breaches of Intervention Orders can have serious negative impacts on your Family Law case.
In our experience the most common Intervention Order breaches often result from:
Lulled into a False Sense of Security
Where the ‘breaching’ behaviour seems to be initiated, encouraged or agreed to by the protected person. Although, neither party is likely to report the breaches while things are friendly, if the relationship breaks down again and becomes acrimonious, the protected person can easily report the breaches, and the fact that the parties were on ‘good terms’ is no defence to charges that the Intervention Order has been breached.
Going off Topic
Entering into conversations with the protected person regarding topics that are not permitted by the Intervention Order. For example, if the Order states that you are only allowed to speak about a particular topic such as child care arrangements if you deviate and try to engage in conversations with the protected person about any other topics even if the conversation is pleasant this could constitute a breach of the IVO.
Involving Third Parties
Getting another person to do something which an Intervention Order prohibits you from doing yourself is another common issue. This sort of situation can arise when the person the Order is made against often has good motives and tries to get someone else (like a friend or family member) involved to contact or give something to the protected person on their behalf. For example, a copy of a joint utility bill or personal items belonging to the protected person. Similarly, asking a third party to monitor the protected person’s social media accounts can also be classified as a breach of the Intervention Order.
If you need advice or have any questions relating to an Intervention Order matter call us on 03 9614 7111 or email melboune@nevettford.com.au