Canberra & the ACT · Family violence

Family violence and breaching an FVO in the ACT.

Family violence orders in the ACT are made under the Family Violence Act 2016, and breaching one is a criminal offence carrying up to five years. The order, whether it was actually breached, and the account are where these matters are contested.

  • Contravene FVO5 yearss 43 Family Violence Act 2016 (ACT)
  • DefinitionFamily violence, s 8Broad definition
  • CourtMagistrates CourtUsually summary
  • AlsoBail may be affectedRepeat matters harder

The ACT framework.

Family Violence Act 2016 (ACT). Family violence is defined broadly in s 8, and includes physical, sexual, emotional, psychological and economic abuse, and threatening or coercive behaviour. A family violence order can be made to protect a person, with conditions restricting contact and conduct.
Section 43 Family Violence Act 2016 (ACT) · Contravening a family violence order. Contravening an order, having been present when it was made or having been served with it. Maximum penalty: 500 penalty units, 5 years imprisonment, or both.

A family violence order is a civil order, but breaching it is a criminal offence. The prosecution has to prove the order existed, that the accused knew of it, and that they contravened a condition. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.

Penalties and where the matter is heard.

Contravening a family violence order is usually a summary matter in the ACT Magistrates Court, though it is indictable. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT). Repeat contraventions are treated seriously, and can affect bail on any fresh matter.

Defences and issues that matter.

Whether there was a breach.

The prosecution must prove a contravention of a condition. Not every contact is a breach, and the exact terms of the order matter. Consent by the protected person does not cancel an order, but the circumstances can bear on the matter.

Knowledge of the order.

The accused must have known of the order. Where they were not present when it was made and were not served, that element can be in issue.

The account and the evidence.

These matters often rest on the accounts of the two people involved and any messages or recordings. The evidence is tested closely and fairly.

How the matter is run.

The work is to read the order, check exactly what was alleged to be breached, and test whether a contravention is really made out and whether the accused knew of the order. These matters are sensitive, and they are handled carefully, with attention to bail, to any related charges, and to the subjective case.

Frequently asked.

What is the penalty for breaching a family violence order in the ACT?

Up to 500 penalty units, 5 years imprisonment, or both, under s 43 of the Family Violence Act 2016 (ACT).

Is breaching a family violence order a criminal offence?

Yes. The order itself is a civil order, but contravening it is a criminal offence prosecuted in the Magistrates Court.

Does it count if the protected person contacted me first?

Consent by the protected person does not cancel the order, so contact can still be a breach. The circumstances can bear on the matter, but the safe course is to comply with the order and get advice.

What does the prosecution have to prove?

That the order existed, that the accused knew of it, having been present when it was made or served with it, and that they contravened a condition.

Charged in the ACT, or facing a Supreme Court trial?

A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.

Request a confidential consult 0421 717 019

Related pages.

Written by

· Criminal defence trial lawyer, Brady & Associates Lawyers

Led the defence in R v Simon Fleming, the first trial of its kind in Australia. 26 years of trial and appellate practice across every Australian state and territory and the federal courts.

This page is general information about criminal law in the Australian Capital Territory, current as at 14 September 2026. It is not legal advice and it does not create a lawyer and client relationship. ACT law changes and applies differently to every set of facts. Any matter mentioned may be before the court, and any person charged is presumed innocent. For advice on your own matter, contact Aaron Kernaghan on 0421 717 019.