Have you been charged with Contravention of a Family Violence Intervention Order?
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What does it mean to be charged with contravention of a family violence intervention order?
A charge under Section 123 of the Family Violence Protection Act 2008 relates to the contravention of a family violence intervention order (FVIO). This charge applies when a person against whom an FVIO has been issued fails to comply with the terms set out in the order. An FVIO is designed to protect individuals from family violence by imposing certain restrictions on the behaviour of the person named in the order, known as the “respondent.”
For this charge to be applicable, the respondent must have either been served with a copy of the order or had the order explained to them. A contravention occurs when the respondent engages in conduct that violates any of the conditions specified in the FVIO.
What is a Family Violence Intervention Order?
A Family Violence Intervention Order is a legal order issued by a court to protect a person from family violence or the threat of violence. The order can include conditions such as, prohibiting the respondent from approaching or contacting the protected person. Requiring the respondent to leave a shared residence. Restricting the respondent from possessing weapons.
These orders are intended to ensure the safety and wellbeing of individuals experiencing family violence by legally restricting the behaviour of the perpetrator.
What is a Domestic Violence Order?
A Domestic Violence Order (DVO) is a legal mechanism designed to protect individuals from violence or threats within a domestic setting. This can encompass a range of abusive behaviours, including physical, emotional, and psychological abuse. DVOs are typically issued in response to specific incidents of domestic violence and can take the form of both temporary (interim) and final orders.
The scope of a DVO generally applies to intimate partners, family members, or individuals living together, and it can impose various conditions on the respondent, such as prohibiting contact or requiring them to vacate a shared residence.
What the Prosecution Must Prove:
To secure a conviction for contravening a family violence intervention order, the prosecution must establish the following elements:
- There must be a valid FVIO in place at the time of the alleged contravention.
- You must have been served with the order or had it explained to you (as the respondent).
- The prosecution must demonstrate that you engaged in behaviour that contravened the conditions of the FVIO.
Penalties for contravening:
If a person is found guilty of contravening a family violence intervention order under Section 123, the penalties include:
- Level 7 Imprisonment: Up to 2 years maximum.
- Level 7 Fine: Up to 240 penalty units maximum.
- Both Imprisonment and Fine: The court has discretion to impose both penalties concurrently.
Where will my case be heard?
A charge for the Contravention of Family Violence Intervention Order will be heard in the Magistrates’ Court.
Factors and defences to consider:
Under subsection (3) and (4), there are specific defences available to you if you can prove certain conditions:
- Defences Against Contravention of FVIO:
If there was a family violence safety notice in place and your conduct did not contravene this notice, this can serve as a defence.
- Defences Against Recognised DVO:
If a recognised Domestic Violence Order (DVO) was in force and a subsequent family violence safety notice was issued, you may argue that you complied with the safety notice, which can also act as a defence against the charge.
Other factors to consider:
- Was there a family violence order in place?
- Did you know about this order and had it been explained to you?
- Was the other person also subject to a family violence order?
- Did you breach an order?
- What were the surrounding circumstances of this offence?
- Do you have any possible defences?
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What happens next?
Have you been charged with contravening a family violence order? The consequences of such charges can be severe, and experienced legal representation can provide essential guidance in navigating the complexities of the case. At MK Law, our team is equipped to assist with family violence matters, ensuring your rights are protected throughout the legal process.
It is vital you receive expert advice to guide you throughout this process. Contact MK Law on 1800 130 120 today for confidential expert advice regarding your charge.
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