Breaching a protection order

A respondent breaches a protection order if they break any of the conditions of the order.

The applicant should report any breach to the Police.

Breaching a protection order is a criminal offence. As well as being charged with breaching a protection order, the respondent can also be charged with any other crime committed at the same time – for example, assault.

Will the Police arrest the respondent for breaching the order?

The Police can arrest a respondent for breaching a protection order (but not for failing to go to a Stopping Violence programme). Whether the Police decide to make an arrest depends on these factors –

the risk to the applicant
how serious the breach is
how long it’s been since the breach happened, and
the restraining effect that other people or other circumstances might have on the respondent.

If a respondent is arrested for breaching a protection order, the Police must not release them on bail for 24 hours, unless they can bring the respondent to court before then.

What are the penalties for breaching a protection order?

The respondent can be jailed for up to six months or fined up to $5,000.

However, respondents can be jailed for up to two years if they’ve already been convicted twice of breaching a protection order in the last three years (but not if any of the convictions are for failing to attend a Stopping Violence programme).