When is a Person Guilty of Contravene Family Counselling Order?

by Doogue + George Criminal Defence Lawyers

It is an offence under section 130 of the Family Violence Protection Act 2008 (Vic) to fail to attend counselling when ordered to by a court. A court may order that a person attend counselling to increase his/her accountability for the violence used against a family member and to encourage the person to change their behavior.

Example of Contravene Family Counselling Order

  • Not attending a counselling session with an approved counsellor when ordered to by a court

Questions in cases like this

  • Were you ordered to attend counselling?
  • Did you in fact attend counselling?
  • Is there a lawful reason why you could not attend counselling?

What are some of the possible defences to Contravene Family Counselling Order?     

The following defences are available for this charge:

  • Reasonable excuse
  • Lack of intent
  • Impossibility
  • Factual error
  • Insufficient evidence to prove the elements of the offence

Maximum penalty and court that deals with this charge

This offence carries a maximum fine of 10 penalty units (around $1,600).

What is the legal definition of Contravene Family Counselling Order?

This charge is legally defined as the contravention of a family counselling order under section 130 of the Act, without reasonable excuse, by a person who was subjected to such order.

Legislation

The offence of Contravene Family Counselling Order is governed by section 130 of the Family Violence Protection Act 2008.

Elements: When can a person be found guilty of this offence?

The accused, as the respondent, may be found guilty of this charge if:

  • Under section 129 of the Family Violence Protection Act 2008, the Court is given a report that counselling is needed
  • Respondent has been ordered to attend for family counselling under section 130, and
  • Respondent without reasonable excuse contravenes the order

If you have been charged with Contravene Family Counselling Order, contact a lawyer and get your case evaluated immediately. Doogue + George Defence Lawyers defends cases related to family violence at any Victorian court. Call us.

You may also visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/contravene-family-counselling-order.



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