Contravention Lawyers Melbourne
Have you been charged with a breach? Our experienced team can help
Being accused of breaching a court order is a serious matter. Whether the allegation involves an intervention order, bail conditions or a community-based order, a contravention charge can create immediate legal consequences and may result in further penalties.
At Marco Man & Associates, we understand that alleged breaches can occur in complex circumstances. A person may face a contravention allegation due to a misunderstanding, an emergency situation or circumstances that are not fully explained by the police allegations.
The court will carefully consider the circumstances surrounding the alleged breach, the evidence available and any explanation for the conduct. Having experienced legal representation can help ensure your side of the situation is properly presented.
If you have been charged with a contravention offence, contact our Melbourne office today for confidential legal advice and representation.
What is a contravention offence in Victoria?
A contravention offence occurs when it is alleged that a person has failed to comply with a court order, bail condition or other legal requirement. In Victoria, these matters are treated seriously because court orders are legally enforceable and must be followed.
A contravention allegation does not always mean that a person deliberately ignored an order. The circumstances surrounding the alleged breach, the available evidence and the explanation for what occurred can all be important factors when the matter is considered by the court.
The type of contravention and potential consequences will depend on the order involved and the circumstances of the allegation. This may include breaches of intervention orders, bail conditions or community-based orders.
What contravention matters involve
A contravention charge arises when it is alleged that a person has failed to comply with the conditions of a specific court order or legal obligation. At Marco Man & Associates, our Melbourne contravention lawyers provide representation for a range of breach allegations, including:
- Intervention order contraventions: Allegations of contacting a protected person, attending a prohibited location or failing to comply with conditions of an intervention order.
- Breach of bail conditions: Allegations involving failure to comply with requirements such as curfews, reporting obligations, residential conditions or other bail terms.
- Community Correction Order breaches (CCO): Allegations involving missed appointments, unpaid work requirements, treatment obligations or failure to comply with other court-imposed conditions.
- Family violence order breaches: Alleged breaches of family violence safety notices or intervention orders.
Potential penalties and consequences
Contravention offences can result in serious consequences because the court expects compliance with its orders. The outcome of a breach allegation will depend on factors including the type of order involved, the circumstances of the alleged breach and any previous history.
Possible consequences may include:
- Fines or other court-imposed penalties.
- Stricter conditions being placed on existing orders.
- Changes to bail arrangements, including possible revocation of bail.
- Further consequences relating to an existing community-based order.
- Imprisonment for serious or repeated breaches.
How our contravention lawyers can help
When defending a contravention allegation, it is important to understand the circumstances behind the alleged breach. Our team reviews the evidence, considers the broader context and provides advice tailored to your situation.
We can assist with:
- Reviewing the evidence: Examining police statements, witness accounts, messages, CCTV and other relevant material.
- Assessing the circumstances: Considering whether there was a misunderstanding, emergency situation, lack of intent or other relevant explanation.
- Negotiating with prosecutors: Seeking an appropriate outcome where the circumstances support negotiation.
- Challenging allegations: Identifying weaknesses or inconsistencies in the prosecution case.
- Court representation: Presenting your circumstances clearly and advocating for a fair outcome.
Why choose Marco Man & Associates?
Facing a contravention charge can be stressful, particularly when it involves an existing court order, bail conditions or family violence matter. Having experienced criminal lawyers who understand Victorian court processes can help you make informed decisions.
At Marco Man & Associates, we provide:
- Clear legal advice: Explaining your options and the process in straightforward language.
- Strategic representation: Developing an approach based on the circumstances of your matter.
- Criminal law experience: Understanding how Victorian courts approach breach allegations.
- Personalised support: Taking the time to understand your situation.
- Strong advocacy: Presenting your case clearly and professionally.
Frequently asked questions about contravention offences
What happens if I accidentally breached my AVO?
Even an accidental breach is technically an offence. However, Marco Man & Associates can often argue that the lack of intent should be considered by the court, potentially leading to a much more lenient outcome or even the dismissal of the charge.
Can I be arrested for missing a bail reporting day?
Yes, the police have the power to arrest you for any breach of bail. If this happens, you will likely need a breach of bail lawyer to help you apply for “re-admittance” to bail so you can remain at home while your case continues.
What is a "Technical Breach" of a court order?
A technical breach is one where the order was technically broken, but no harm was done. For example, being 10 minutes late for a curfew due to public transport delays. While still a charge, we can often resolve these matters without significant penalties.