Maximum penalty, seriousness, and the Court that hears a charge of Breach of Intervention Order or Family Violence Order
There is a maximum penalty of a 2-year prison term and 240 penalty units for anyone found guilty of a Breach of Family Violence Order or Intervention.
Breach of Intervention Order or Family Violence Order is a serious offence which often carries a prison term on a finding of guilt. Generally, cases that involve this charge are handled by a Magistrate in the Magistrates’ Court.
The legislation on Breach of Intervention Order or Family Violence Order
Section 123 of the Family Violence Protection Act 2008 is the relevant law for Breach of Intervention Order or Family Violence Order and is as follows:
Offence for Contravention of Family Violence Order
(1) This section applies if a person against whom a Family Violence Intervention Order has been made-
(a) has been served with a copy of the order; or
(b) has had an explanation of the order given to the person in accordance with section 57 or 96.
(2) The person must not contravene the order.
Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.
(3) In a proceeding for an offence against subsection (2) constituted by contravening a Family Violence Intervention Order, it is a defence to the charge for the accused to prove that-
(a) the accused was the respondent under the Family Violence Intervention Order; and
(b) a family violence safety notice in relation to the same protected person and respondent was also in force at the time the offence was alleged to have been committed; and
(c) the conduct of the accused was not in contravention of the family violence safety notice.
Pleading guilty or not guilty to Breach of Intervention Order or Family Violence Order in a Melbourne Court
Deciding on whether to plead guilty to Breach of Intervention Order or Family Violence Order or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.
Elements of the charge of a Breach of Intervention Order or Family Violence Order case in a Melbourne Court
The Prosecution must prove that there was a lawful family Violence order in place. It must then be proven that the defendant breached a condition of the Intervention Order or Family Violence Order.
Defending the charge of Breach of Intervention Order or Family Violence Order in a Melbourne Court
Defending the charge of Breach of Intervention Order or Family Violence Order often involves a factual dispute. Did the defendant really breach a condition in the Intervention Order or Family Violence Order? Was there intent enough to establish guilt? It is also crucial for the defendant to be aware that there was such an Intervention Order or Family Violence Order. If not, this can certainly be brought up as a defence in Court.
For more information on Breach of Family Violence Order, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Aug. 10, 2012 and relates to the law that it stands at this time.