What counts as a breach
A breach happens when the person the order is made against (the respondent) disobeys any one of its conditions. New to these orders? Start with ADVOs, AVOs & IVOs explained — this page is about what happens when one is broken.
- Contacting, approaching or communicating with the protected person, if that's prohibited
- Going to restricted places — their home, work or school
- Threatening, harassing or stalking the protected person
- Not following other conditions — like surrendering weapons or attending counselling
Important: even if the protected person initiates or "invites" the contact, you are still legally at fault for the breach. If conditions no longer suit your situation, the way to change them is through the court — not by agreement between you.
How a breach charge starts
Police can lay a breach charge based on:
- A complaint from the protected person
- Witness accounts or CCTV footage
- Communication records — calls, texts, emails, social media
- GPS tracking or proximity alerts
- Proactive police monitoring or follow-up visits
Breaches are usually investigated and prosecuted straight away, especially in a domestic-violence context, and police can arrest the respondent on the spot.
The court process
Breach charges are dealt with in the Local or Magistrates' Court across Australia. The usual path:
- First appearance — you're told the charge and enter a plea.
- Disclosure of evidence — police hand over statements, recordings and the like.
- Hearing or sentencing — depending on whether you plead guilty or not.
- Penalty — based on the type of breach, your history, and the risk to the protected person.
Courts treat a breach more seriously where it involves violence, stalking or threats, where there are repeat breaches or a history of abuse, or where children are involved or witness it.
What a breach can cost where you are
Same idea everywhere, but the order's name, the law and the penalty differ. Pick your state.
Ways people defend it
Which of these can apply depends entirely on the facts and the evidence — a criminal lawyer can tell you which, if any, fit your situation.
- You didn't know the order had taken effect
- Accidental — you ran into them in public
- No condition was actually broken
- The allegation is false
- You had to make contact in an emergency (duress or necessity)
Related pages
This is general information, not legal advice. The order names, laws and penalties vary by state, and every case turns on its own facts. If you've been charged with a breach, speak with a criminal lawyer or your state's Legal Aid service. If you need protection or are in danger, call 000.
