Breach of a protection order
Protection-order breaches can be charged over contact that was minor, accidental, or even invited by the protected person. Understanding the defence side of these charges - not just the offence - gives you the best chance of a fair outcome.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Breaching a protection order is an offence under section 112 of the Family Violence Act 2018. A breach can be physical contact, messages, or coming within a prohibited distance - even where the protected person initiated the contact. There is a reasonable excuse defence, and not every alleged breach is clear-cut.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Breach of protection order (s112 FVA 2018) | Up to 3 years imprisonment |
| Repeated breaches | Treated more seriously; escalating consequences |
Many single, lower-level breaches are resolved without imprisonment, but repeated breaches are treated far more seriously. A reasonable-excuse defence may apply. Penalties are indicative - check current legislation.
Possible defences
- Reasonable excuse for the contact or conduct.
- The contact was initiated or invited by the protected person (relevant, though not always a complete defence).
- The breach was accidental and unintended.
- You were not aware of the terms of the order, in some circumstances.
- Identity, or the alleged conduct did not occur.
The court process
Breach charges are dealt with in the District Court. Because protection orders are often connected to wider family circumstances, it's important to get advice that addresses both the criminal charge and the practical realities - contact with children, living arrangements and the terms of the order itself.
Reducing the consequences
- Raising a reasonable-excuse defence where it genuinely applies.
- Seeking a discharge without conviction (s106) for a minor, one-off breach.
- Clarifying or addressing the terms of the order to avoid future breaches.
- Engaging with relevant programmes to support a better outcome.
Frequently asked questions
The protected person contacted me first - is that a defence?
It's relevant and can support a reasonable-excuse argument, but it is not always a complete defence on its own. The order binds you, not the protected person, so get advice before responding to any contact.
What counts as a 'reasonable excuse'?
It depends on the facts - for example, unavoidable or genuinely accidental contact. Whether it applies is fact-specific, so it's worth reviewing the details carefully with a lawyer.
I breached the order by accident - will I be convicted?
Not necessarily. An accidental, unintended breach may support a defence or a discharge without conviction. The circumstances matter a great deal.
Will I go to jail for breaching a protection order?
A single, minor breach is often resolved without imprisonment, but repeated breaches are treated seriously and can carry a real risk of a custodial sentence.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
Early advice protects your rights. Confidential, no-obligation initial discussion.