Can You Be Charged With Breaching an Intervention Order If the Other Person Contacts You First?

Can you be charged with breaching an intervention order if the protected person contacts you first? Learn how intervention order conditions operate in Victoria, whether you can respond to messages, and what to do if you are accused of a breach.

If you are subject to a Family Violence Intervention Order (FVIO) in Victoria, you may be wondering what happens if the protected person contacts you first. Does their message, phone call or invitation mean you are allowed to respond?

The short answer is that you may still be charged with breaching an intervention order, even if the protected person contacts you first. Whether an offence has occurred depends on the specific conditions of the order, the applicable law and the circumstances of the alleged conduct.

An intervention order is a legally enforceable court order. The protected person cannot simply give you permission to disregard its conditions.

At Layal Legal, we assist clients with intervention order matters and alleged breaches. This article explains important considerations under Victorian law and the practical steps you should take if you are subject to an intervention order.

An intervention order is a court order designed to protect a person from certain behaviour.

In Victoria, there are two main types:

• Family Violence Intervention Order (FVIO): Generally applies where the people involved are family members, intimate partners or former partners.
• Personal Safety Intervention Order (PSIO): Generally applies where the people involved are not family members, such as neighbours, colleagues or acquaintances.

An intervention order contains conditions that the respondent must follow. Depending on the circumstances, these may prohibit contact with the protected person, approaching them, attending particular locations or engaging in specified conduct.

An intervention order is a civil order. However, breaching its conditions can result in criminal charges.

This is a common concern, particularly where the parties continue to communicate after an order has been made.

For example, imagine that you are subject to an intervention order that prohibits you from contacting your former partner. Several weeks later, your former partner sends you a text message asking how you are or inviting you to meet.

You may believe that responding is acceptable because they initiated the conversation.

However, the fact that the protected person contacted you first does not automatically give you permission to respond.

If your order prohibits you from contacting or communicating with the protected person, you must comply with that condition unless an applicable exception permits the communication.

This may apply if the protected person:

• Calls you.
• Sends you text messages.
• Contacts you through social media.
• Asks you to meet in person.
• Says they no longer want the order.
• Tells you they will not report you to police if you respond.

The critical issue is what the order actually prohibits and whether your conduct breaches one of its conditions.

A protected person's consent does not, by itself, change the legal obligations imposed on you.

Potentially, yes.

If your intervention order prohibits all contact or communication with the protected person, replying to a text message may constitute a breach, even if your reply is polite, brief or intended to resolve a practical issue.

For example, a respondent might reply:

• "I'm fine, thank you."
• "What do you need?"
• "I miss you too."
• "When can I see the children?"

Whether particular conduct amounts to a breach depends on the wording of the order, any applicable exceptions and the circumstances of the communication.

You should not assume that a short or harmless message is permitted simply because the protected person initiated the conversation.

If you are unsure whether you can respond, obtain legal advice before doing so.

A protected person may change their mind about an intervention order. They may want to reconcile with the respondent, resume communication or withdraw their support for the proceedings.

However, a protected person cannot cancel an intervention order simply by saying they no longer want it.

An intervention order remains legally enforceable until it expires or is changed, suspended or revoked through the appropriate legal process.

Even if the protected person:

• Says they forgive you.
• Wants to resume the relationship.
• Invites you to their home.
• Asks you to contact them.
• Tells you they will not report any breach.

You must continue complying with the conditions of your order.

If the existing conditions no longer reflect the circumstances, you should obtain legal advice about whether an application to vary or revoke the order is appropriate.

Until the order is changed through the appropriate legal process, do not assume that you are permitted to disregard its conditions.

Yes. Some intervention orders contain specific exceptions permitting certain forms of communication in defined circumstances.

For example, an order may permit communication:

• Through a lawyer.
• For arrangements concerning children, where expressly permitted.
• To organise the collection of personal belongings, where expressly permitted.
• In another specific circumstance authorised by the order.

Exceptions depend on the wording of the particular order. You should not assume that an exception applies simply because the communication concerns children, shared property or another practical matter.

For example, if the order permits communication about child arrangements by text message, that does not necessarily permit you to use the same conversation to discuss your relationship or the intervention order proceedings.

Always check the precise wording of your order before communicating with the protected person.

If you are uncertain about the scope of an exception, seek legal advice.

If police receive information suggesting that an intervention order has been breached, they may investigate the circumstances.

Depending on the allegations and available evidence, police may:

• Obtain statements from the people involved.
• Review text messages, call records and social media communications.
• Interview the respondent.
• Consider whether there is sufficient evidence to lay criminal charges.

If you are charged with contravening an intervention order, the matter may proceed through the criminal justice system.

A finding of guilt can result in significant consequences, potentially including a fine, imprisonment or another penalty. A conviction may also result in a criminal record.

The consequences depend on the circumstances of the offence, the respondent's history and other relevant sentencing considerations.

Importantly, an allegation of a breach does not automatically mean you are guilty of an offence. The prosecution must prove the charge in accordance with the applicable law.

If you have been charged, it is important to obtain legal advice about the allegations, the evidence and your options before deciding how to proceed.

If you are subject to an intervention order and the protected person contacts you, consider taking the following steps.

Read the conditions of your order carefully. If the order prohibits contact, do not assume that the protected person's message creates an exception.

Preserve relevant messages, call records and other communications. Do not delete or alter material that may be relevant to an allegation.

If the order prohibits you from approaching or being near the protected person, do not agree to meet without first obtaining advice about whether the proposed arrangements are permitted.

A lawyer can review the order, explain the conditions and advise you about your obligations and the options available in your circumstances.

If the parties' circumstances have changed, you may wish to obtain advice about applying to vary or revoke the order. Do not attempt to resolve the issue by disregarding the existing conditions.

Taking these steps can help you avoid inadvertently placing yourself at risk of an alleged breach.

If you have already replied to the protected person, do not assume that you have automatically committed an offence. Equally, do not assume that you are protected from prosecution simply because the other person initiated the communication.

The legal position depends on the conditions of the order, the nature of the communication and the surrounding circumstances.

If you are concerned that your conduct may amount to a breach, you should:

• Avoid further communication unless it is clearly permitted by the order.
• Preserve relevant messages and other evidence.
• Obtain legal advice as soon as possible, particularly if police have contacted you or you believe an allegation may be made.

If police want to interview you about an alleged breach, seek legal advice before participating in an interview. A lawyer can explain your rights and help you understand the process.

Do not delete messages, pressure the protected person to change their account or attempt to influence a potential witness.

Yes. If you are accused of breaching an intervention order, obtaining legal advice early can help you understand the allegations and make informed decisions about your case.

Depending on the circumstances, a lawyer may assist by:

• Reviewing the intervention order and its conditions.
• Examining the alleged breach and the available evidence.
• Advising you about the prosecution case and potential defences.
• Advising you before a police interview.
• Representing you in criminal proceedings.
• Preparing submissions and presenting relevant information to the court.
• Advising you about the potential consequences of a guilty plea or contesting the charge.

Every matter is different. The appropriate approach will depend on the evidence, the precise wording of the order and the circumstances of the alleged conduct.

If you have been charged, it is important to understand your options before making decisions about your plea.