Breaching a Family Violence Restraining Order (FVRO), Violence Restraining Order (VRO), or Police Order carries a maximum penalty of up to 2 years’ imprisonment and a fine of $10,000. However, the penalty imposed depends on the circumstances of the case. If for example the breach involves exposing a child family member to domestic violence, the severity of the offence increases.

For individuals who have breached an FVRO, VRO, or Police Order more than once within a two-year period, the law classifies them as repeat offenders. In such instances, the court must impose a term of imprisonment unless it is unjust in all of the circumstances.

Consensual Breaches

It is not a valid defence to argue that the protected person encouraged or consented to the breach. For instance, if the protected person sends you a text message and you respond, this can still constitute a breach. Even if the initial contact was initiated by the protected person, your response could breach the restraining order.

If the protected person invites or encourages breaches, an application can be made to the court to have the restraining order varied or revoked.

If you are accused of breaching a restraining order, it is essential to seek the assistance of an experienced criminal lawyer. While some breaches may be defensible, the complexities of these cases require professional expertise.