Can I respond if the protected person messages me first?

Not necessarily. The conditions of the existing order remain in force regardless of who initiates contact. Check the wording of the order and obtain legal advice before responding.

Is sending one text message enough to breach an order?

Potentially, if the order prohibits contact and the other elements of the relevant offence are established.

What if we have reconciled?

Reconciliation does not automatically cancel an intervention or restraining order. A formal variation or revocation may be required.

Will I get a criminal record?

That depends on the jurisdiction, circumstances of the offending, your history and the sentencing outcome. Non-conviction outcomes may be available in some circumstances.

Should I speak to Police about an alleged breach?

Consider obtaining legal advice first. What you say during a Police interview may later form part of the prosecution evidence.

Articles

Charged With Breaching an Intervention or Restraining Order? What Happens Next?
Being charged with breaching an intervention order, restraining order or domestic violence order can be more serious than many people initially realise. A person might believe the alleged breach was minor, accidental or involved contact that the other person welcomed. However, once an order is in place, failing to comply with its conditions can result…
Read More Charged With Breaching an Intervention or Restraining Order? What Happens Next?
AI, Deepfakes and Criminal Charges: When Does Fake Content Become a Crime?
Artificial intelligence has made it possible to create convincing photographs, videos and audio recordings of people doing or saying things that never actually happened. What was once difficult technology to access can now be available through everyday apps and online tools. But creating something with AI does not mean it exists outside the law. As…
Read More AI, Deepfakes and Criminal Charges: When Does Fake Content Become a Crime?
Does 50/50 Parenting Still Apply After Separation?
One of the most common questions separating parents ask is: “Am I entitled to 50/50 custody of my children?” There is still considerable confusion about this issue, particularly following recent changes to Australian family law. The short answer is that there is no automatic entitlement to equal time with children after separation. The focus of…
Read More Does 50/50 Parenting Still Apply After Separation?
Does Family Violence Affect a Property Settlement After Separation?
For many years, people separating after experiencing family violence have asked an important question: Does what happened during the relationship actually affect how our property is divided? Following significant changes to Australian family law, the impact of family violence is now more clearly recognised when property and financial matters are determined after separation. The changes…
Read More Does Family Violence Affect a Property Settlement After Separation?
Made Redundant? How to Tell if Your Redundancy Is Actually Genuine
Being told that your position has been made redundant can come as a shock. But one of the most important things employees should understand is that an employer cannot simply label a termination a “redundancy” and assume that is the end of the matter. For a redundancy to be genuine under Australian workplace law, particular…
Read More Made Redundant? How to Tell if Your Redundancy Is Actually Genuine
The Police Interview: Why Trying to “Explain Your Side” Can Make Things Worse
One of the most common things we hear from people contacted by police is: “I haven’t done anything wrong, so I may as well explain what happened.” It sounds logical. If you know you are innocent, or believe the allegations are inaccurate, why wouldn’t you simply tell police your side of the story? The problem…
Read More The Police Interview: Why Trying to “Explain Your Side” Can Make Things Worse
Thinking About Separation? Why Early Family Law Advice Can Make a Big Difference
Speaking with a family lawyer does not mean you are starting a court case. In fact, one of the greatest benefits of obtaining family law advice early is that it can help you make better decisions before a dispute develops. Separation can involve decisions about children, the family home, bank accounts, businesses, superannuation and everyday…
Read More Thinking About Separation? Why Early Family Law Advice Can Make a Big Difference
Can Your Employer Refuse a Flexible Working Arrangement?
Flexible work has become a normal part of Australian working life, but there is still considerable confusion about when an employee can actually request it and whether an employer is required to agree. A request might involve working from home, changing start and finish times, reducing hours or altering the employee’s usual pattern of work….
Read More Can Your Employer Refuse a Flexible Working Arrangement?
Your Business Partner Wants Out – What Happens Next?
Starting a business together usually involves plenty of discussion about growth, customers and where the business might eventually go. What is discussed far less often is what happens when one person decides they want out. A shareholder or business partner leaving does not necessarily mean the business needs to end. However, without a clear process,…
Read More Your Business Partner Wants Out – What Happens Next?
Skills in Demand Visa (Subclass 482): A Pathway to Working in Australia
For skilled workers looking to build their careers in Australia, employer sponsorship can provide an important pathway. One of the key options is the Skills in Demand (SID) visa – Subclass 482. The Subclass 482 visa allows an approved Australian employer to sponsor an appropriately skilled overseas worker where the relevant requirements are met. It…
Read More Skills in Demand Visa (Subclass 482): A Pathway to Working in Australia