Breach Offences
In Victoria, breach offences are governed by various laws, including the Crimes Act 1958 (Vic), the Bail Act 1977 (Vic), and the Family Violence Protection Act 2008 (Vic). These offences involve the failure to comply with legal orders and are taken seriously by the courts. At Rebecca Burdon Legal & Consulting, we are experienced Melbourne criminal law advocates dedicated to achieving results. The legislation outlines a range of breach offences, including:
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Section 30 – Breach of Bail Conditions: This section criminalises failing to comply with court-imposed bail conditions, such as reporting to police, residing at a set address, or avoiding certain people. A breach can result in arrest, stricter conditions, or refusal of bail.
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Section 123 – Breach of Family Violence Intervention Orders (FVIOs): An FVIO restricts contact with a protected person to prevent domestic violence. Breaching the order, such as making threats or approaching the victim, is an offence and can lead to fines or imprisonment.
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Section 78 – Breach of Community Correction Orders (CCOs):
This section covers failing to follow the terms of a CCO, which may include reporting to corrections officers, attending rehabilitation, or completing community service. Breaches can result in increased supervision or imprisonment.
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Section 83 – Breach of Parole Conditions:
Parole allows early supervised release from prison under conditions like drug testing and movement restrictions. A breach can lead to parole revocation and return to custody.
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Section 31 – Breach of Court Orders:
Failing to comply with court orders, such as probation, fines, or community service, is an offence under this section. Penalties can include extended orders, fines, or imprisonment.
Experienced Criminal Lawyers Defending Breach Offence Charges
If you are facing a breach offence charge or need legal guidance on compliance with court orders, our experienced team at Rebecca Burdon Legal & Consulting is here to help. Contact us today to discuss your case and ensure you receive the legal support you deserve.
Breach of Family Violence Intervention Orders (FVIOs)
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A Family Violence Intervention Order (FVIO) is a legal order issued by the court to protect individuals from domestic violence. If a person is subject to an intervention order, they are prohibited from engaging in certain behaviours, such as: approaching or contacting the protected person, threatening or intimidating the protected person, being in close proximity to the protected person or their residence.
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Possible Penalties: Breaching an FVIO can range from fines to imprisonment, depending on the severity of the breach and the circumstances.
Breach of Bail Conditions
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Bail conditions are set by the court to ensure that an individual appears in court and does not commit further offences while awaiting trial. When a person is granted bail, they are required to follow specific conditions, such as:
reporting to a police station at regular intervals, residing at a specific address, not contacting certain individuals (e.g., victims or witnesses), staying away from certain locations.
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Possible Penalties: Consequences may include warrant for arrest, a re-assessment of the bail application, or a more severe penalty if the person is already facing charges.
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Breach of Community Correction Orders (CCOs)
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When an individual is released from prison on parole, they are subject to certain conditions aimed at reintegrating them into society while ensuring public safety. These conditions may include: attending counselling or rehabilitation programs, reporting to a parole officer regularly and when require, remaining within a specific area or avoiding certain people, being found positive for drug or alcohol use against order of the court, not committing further offences.
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Possible Penalties: A breach of a Community Correction Order (CCO) can result in stricter conditions, increased supervision, or, in serious cases, imprisonment. If an individual breaches parole, it is likely to be revoked, leading to their return to prison.
Breach of other Court Orders
Fines, Probation, adjourned undertakings/Good Behaviour Bonds
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Courts may issue various orders for offenders as a part of the sentencing process. These can include probation orders, fines, or even adjourned undertakings. A breach of a court order occurs when an individual fails to comply with the terms set by the court. For example: failing to complete the required community service hours, not attending required counselling or rehabilitation sessions, failing to pay fines within the prescribed time.
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Possible Penalties: The penalties for breaching a court order may include an extension of the order, the imposition of stricter conditions, or, in cases of significant breaches, imprisonment.
Breach of Family Violence and Personal Safety Intervention Orders
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An Intervention order is typically issued in cases involving harassment, stalking, or violence. It imposes conditions on the person subject to the order, including prohibiting them from contacting or approaching the protected person. Violating a restraining order or other similar orders, such as personal safety intervention orders, is considered a breach offence.
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Possible Penalties: Violating a family violence or personal safety intervention order is a criminal offence and can result in fines, stricter conditions, or imprisonment, depending on the severity of the breach.
Penalties for Breach Offences in Victoria
Penalties for breach offences in Victoria depend on the nature and severity of the breach, as well as the individual’s prior criminal history. Consequences can range from fines and community-based orders to imprisonment for serious violations.​
Common Penalties for Breach Offences
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Imprisonment
For serious breaches, particularly those involving repeat offences or further harm, the court may impose a custodial sentence. For example, breaching a Family Violence Intervention Order (FVIO) may result in a prison sentence, especially if violence or threats are involved.
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Fines
In cases where the breach is considered minor, the court may issue a fine. Fines are commonly imposed for breaches of community correction orders, bail conditions, and probation requirements.
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Community Correction Orders (CCOs)
A Community Correction Order (CCO) may be issued for certain breach offences, requiring the individual to comply with additional conditions such as:
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Increased reporting to a corrections officer
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Participation in rehabilitation programs
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Completion of community service hours
Revocation of Bail or Parole
If an individual breaches their bail or parole conditions, the court may revoke their release and take them into custody. This can lead to further legal consequences, including stricter bail conditions or serving the remainder of a sentence in prison.
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Extension of Orders or Additional Conditions
For some breaches, the court may extend an existing order or impose stricter conditions. For example, if a person violates a restraining order, the court may lengthen the order’s duration or introduce more severe restrictions on contact with the protected person.
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Probation and Supervision
​For breaches related to probation or community service, the court may impose additional supervision requirements, extend probation periods, or require further participation in rehabilitation programs.
Reasons Why You Need a Criminal Defence Lawyer Melbourne
Breach offences in Victoria are taken seriously by the legal system. If you are facing a breach offence charge, seeking legal advice is critical. At Rebecca Burdon Legal & Consulting, our experienced team can help you navigate the legal process and work towards the best possible outcome. Contact us today for expert legal guidance.
You need a specific skill set to navigate the judicial system. Our legal practitioners have the experience and knowledge to assist you through this process from beginning to end because we understand the system.
Having a criminal defence lawyer in Melbourne advocating for you, who has well established professional relationships within the criminal justice system throughout Melbourne metropolitan and regional Victoria will set you up for success.
Our focus is on analysing the evidence and weight of the case against you and considering possible defences. We protect your rights and interests, and provide you with the knowledge and advice you need to get the best outcome. Our lawyers appear in all criminal jurisdictions and courts.
Our legal practitioners offer the personalised attention you deserve. We will use our experience to protect your interests, and advise all our clients of the consequences associated with resolving a matter quickly or pleading guilty to a charge to avoid the stress of going to court. A conviction against you will reflect on your criminal record and may have long-lasting effects. Ultimately, we strive to ensure your future by contesting charges which may result in difficulties down the track like finding a job, travelling abroad and even impacting your migration or visa status.
Assessing Melbourne Criminal Law Firms? Why Choose Us?
Your rights and interests are our priority. Everyone should have access to justice and high-quality legal services. Our Melbourne criminal law firm works hard, advocating in your best interest even when there is a strong prosecution case against you. We work hard to achieve the best possible outcome for you. Reach out to us for a free consultation.
For further information on some of the frequent types of crimes and charges we deal with include:
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Violent crime - offences against the person
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Dishonesty offences - Theft, fraud and Deception
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Property related offences
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Sexual offences
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Breach offences
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