Breaching Court Orders (Intervention Orders, Bail Conditions and More)

Breaching a court order means not complying with an order or conditions made by a court or other authorised body, such as a family violence intervention order, bail conditions or a community correction order. In Victoria the breach itself is usually a separate criminal offence that can lead to a fine or jail, and may also lead to bail being revoked or being resentenced for the original offence. A lawyer can check the exact terms of the order and whether it was properly served, assess any reasonable excuse, and defend you or present your plea in court.

Key points

• Contravening a family violence intervention order (Family Violence Protection Act 2008 s 123(2)): maximum 2 years' imprisonment, 240 penalty units or both.
• Contravening with intent to cause harm or fear (s 123A) and persistent contravention (s 125A) are more serious offences, each with a maximum of 5 years' imprisonment.
• Contravening a personal safety intervention order (Personal Safety Intervention Orders Act 2010 s 100(2)): maximum 2 years' imprisonment, 240 penalty units or both.
• Contravening a community correction order: maximum 3 months' jail or 30 penalty units, and the court can also resentence for the original offences.
• Since 26 March 2025, for adults, committing serious offences on bail or breaching bail conditions are again separate offences, and can make future bail applications much harder.

Common breach offences

• Breaching a family violence intervention order or safety notice: for example texting, calling, contacting through social media or a third party, or going to the protected person's home when contact is prohibited.
• Breaching a personal safety intervention order: orders made between people who are not family, such as neighbours or co-workers.
• Bail breaches: including failing to appear at court (failure to answer bail) and breaching conditions such as curfew, reporting or no-contact.
• Breaching a community correction order: for example not reporting as directed, not completing unpaid community work, or reoffending during the order.

Intervention orders: even one text message can be a breach

Intervention order conditions are often very specific — for example no contact, staying a set distance away from the protected person, not damaging property, or not publishing material through others. Even if the protected person contacts you first or you have reconciled, you are still bound while the order is in force; the protected person cannot “cancel” it themselves, and an application must be made to the court to vary or revoke it. For example, if separated parents message each other about school pick-ups but the order only allows contact through lawyers or a set method, those messages may be a breach.

Possible defences

Every case depends on its evidence, but common defence or dispute points include:

• Whether the order was properly served, or whether you actually knew about the order and its conditions.
• Whether the alleged conduct actually falls within what the order prohibits — for example, whether there is an exception for arrangements about children.
• Whether the evidence is reliable — for example, whether you really sent the messages and whether identification is correct.
• For community correction orders, whether there was a reasonable excuse for non-compliance, such as sudden illness or hospitalisation.

Sentencing considerations and flow-on consequences

In sentencing, courts consider the nature and frequency of the breach, whether harm or fear was caused, prior history and your attitude to the order. A bail breach can lead to bail being revoked and remand; breaching a community correction order can lead to resentencing on the original offences; and a conviction for breaching an intervention order may be considered in later family law proceedings and intervention order applications. Early advice helps you make an informed choice between pleading guilty, contesting or negotiating charges.

Impact on visa holders

Convictions involving family violence, and terms of imprisonment, can affect assessment under the section 501 character test in the Migration Act; a sentence of 12 months or more imprisonment can amount to a “substantial criminal record”. International students and temporary visa holders should understand the migration consequences before deciding how to respond to a charge.

Frequently asked questions

The protected person contacted me first and I replied — is that a breach?

Very likely, yes. The order binds the respondent, and the protected person contacting you first does not make replying lawful unless the order itself permits that contact.

Will I go to jail for breaching an intervention order?

It is possible. The maximum for a standard breach is 2 years, and 5 years for breaches intended to cause harm or fear or persistent breaches. The actual outcome depends on the facts and your background; many cases end in fines or other non-custodial outcomes, but nothing can be guaranteed.

We have reconciled — can the intervention order be cancelled?

An application can be made to the court to vary or revoke it, but the order remains in force and must be obeyed until the court decides.

Can I get bail again after breaching bail conditions?

You can apply, but it becomes much harder. A history of breaching bail is a key factor in the risk assessment, and the tests have been stricter since 2025.

Will breaching a community correction order always mean resentencing?

Not necessarily. The court may resentence on the original offences, vary or extend the order, or take no further action, and a reasonable excuse can be a defence.

If you or a family member are dealing with a charge of breaching a court order, getting advice early usually leaves more options open. Call Chua Tan Associates on 03 9602 3988 to meet us at our Melbourne CBD office (Level 2, 262 Queen Street) or by video. We speak Mandarin, Cantonese and English. This page is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026