Photo: Magistrates' Court of Victoria

In Victoria, the maximum penalty for Contravene Personal Safety Intervention Order is a fine of 240 penalty units or two years’ imprisonment, or both. As this offence involves ignoring an order imposed by a Court, the offence is considered serious by the courts and Victoria Police.

“Often Victoria Police will consider laying a charge of this nature when conflict within an ongoing relationship continues after an intervention order is imposed. We regularly see this offence arising from neighbourhood disputes, relationships within employment and associations within social or sporting clubs,” said Armstrong Legal, a Melbourne legal firm.

“Although it is unlikely the court will impose a period of full-time imprisonment for a first offence, if an intervention order is breached numerous times or with an act of violence the court will seriously consider whether the offender should be sentenced to jail for a period.”

Legal Aid Victoria says: “The respondent must follow the conditions of the order. An intervention order does not give the respondent a criminal record, but being found guilty of breaking the order can lead to a criminal record.”

Dribbin and Brown, Layers, says: “Per section 61 of the Personal Safety Intervention Order Act 2010, if the court is satisfied on the balance of probabilities that the person: has committed prohibited behaviour against the affected person; is likely to do so again; and the conduct would cause a reasonable person to feel fear for their safety then the Magistrate may make a final order.”

Galbally Parker say: “Intervention order matters exist in the quasi-criminal sphere, using civil law to restrain individuals from committing further acts or from maintaining any further contact with the applicant.”

Victoria Police say: “There may also be conditions limiting communication by telephone, text message, email or social media.

“If the respondent disobeys any of the conditions on the order, and the police find out, the police may:
• arrest the respondent
• lay criminal charges

“This could mean a criminal record and penalties result, for example fines or jail. Disobeying any condition is called a breach or a contravention of the order or notice.

“Only a court can change the order. The protected person cannot give the respondent permission to disobey a notice or order.

“Victoria Police, not the protected person, decide if charges are to occur.”