Breach Offences

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FAQ

Breach Offences FAQs

What is a breach offence?
A breach offence occurs when someone fails to comply with a court order, such as a family violence intervention order, bail conditions, or a probation order.
What types of orders can be breached?

Common orders breached include Intervention Orders (IVOs), family violence orders, bail conditions, parole orders, and restraining orders.

What happens if I breach a court order?

Breaching a court order is a criminal offence. You may be arrested, fined, charged, or even face imprisonment depending on the severity and circumstances.

Can I be charged for breaching an intervention order even if I didn’t intend to?

Yes. Breach offences are generally strict liability offences, meaning intent is not always required for a conviction.

What should I do if I am charged with a breach offence?

Seek legal advice immediately. A criminal lawyer can help assess your case, explain your rights, and develop a defence strategy.

Can a breach charge be dropped or dismissed?

It depends on the facts and evidence. Your lawyer can challenge the charge if there are procedural errors or if you can prove compliance.

What penalties apply for breach offences?

Penalties range from fines and community orders to imprisonment, depending on the order breached and the number of previous breaches.

Are breach offences recorded on my criminal history?

Yes. Breach convictions form part of your criminal record and can affect future legal matters and employment.

Can I apply for a variation or revocation of the order to avoid breach?

Yes. You may apply to vary or revoke an order if circumstances have changed. Legal advice can help you navigate this process.

Why should I hire a lawyer for a breach offence?

Because breach offences carry serious consequences, having an experienced lawyer is essential to protect your rights and achieve the best possible outcome.