A phone call asking you to come in for a police interview about an alleged breach of your intervention order is serious. Even if you’re certain you have done nothing wrong. What you say in that interview, and what you do before it, can shape the entire case against you. In Victoria, breaching an intervention order is a criminal offence, and a police interview isn’t just a casual chat to clear things up. It’s a formal step in building a prosecution. Knowing your rights before you walk in is the most important thing you can do.
Being asked in for questioning doesn’t mean you’ve been charged, and it doesn’t make a charge inevitable. But the consequences are serious. A conviction for a breach of an intervention order carries penalties of up to two years’ imprisonment for a standard contravention, and more for aggravated or repeated breaches. The decisions you make in the hours before the interview can affect everything.
Why the Interview Is a Turning Point
A police interview is evidence gathering. If you take part, it will usually be recorded, and anything you say can be used against you in court. Many people assume that if they just explain themselves, the matter will go away. In practice, the opposite often happens. An honest attempt to provide context can become an admission that helps the prosecution prove what it needs to prove. You cannot talk your way out of a breach charge in an interview room.
You Have the Right to Silence
Under the Crimes Act 1958 (Vic), you don’t have to answer police questions beyond giving your name and address. This is the right to silence. You can answer every question, answer some, or give a “no comment” interview. A court cannot treat your silence as a sign of guilt (Evidence Act 2008 (Vic), s 89). Refusing to give your name and address when lawfully required is itself an offence, so provide those, but you’re under no obligation to explain what happened.
You Can Speak to a Lawyer First
Section 464C of the Crimes Act 1958 (Vic) gives you the right to communicate with a legal practitioner before questioning begins, and police must defer questioning for a reasonable time to let you do so. This right exists for good reason. A lawyer can tell you whether taking part will help or harm you, explain what the allegation actually requires the prosecution to establish, and advise whether a “no comment” interview is the safer path.
Don’t Contact the Protected Person
It can be tempting to sort things out directly, especially if you think the allegation is wrong or the other person made the first move. Do not. The protected person cannot authorise contact, so reaching out now, even to apologise or explain, can create a fresh breach on top of the one already alleged. Leave all communication to your lawyer.
What to Do Before You Walk In
A few practical steps can protect your position:
- Get legal advice first. Even a brief conversation changes how you should approach the interview.
- Say nothing to police about the allegation until you have that advice, beyond your name and address.
- Ask for an interpreter if you are not fluent in English. Police must offer one.
- Preserve anything that may be relevant, such as text messages, call logs, social media activity or records showing where you were.
- Don’t post about the matter online, and don’t discuss it with the protected person or shared contacts.
Why Early Advice Changes the Outcome
A breach charge is a criminal matter separate from the intervention order itself, and it can affect your criminal record, firearms licence, employment and any related family law proceedings. A lawyer who handles these matters can deal with the police on your behalf, advise whether to participate in the interview and start shaping your response, whether that is a factual dispute, an argument that you were never properly served, or mitigation if you admit the breach. The earlier you act, the more of these options remain open. Getting advice before the interview, rather than after, is the most useful thing you can do once accused.
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