Have you been charged with the Contravention of Order Intending to Cause Harm or Fear for Safety?

Q1: How does the court assess whether someone intended to cause harm or fear, especially if you claim you didn’t intend such outcomes?

To assess intent, the court will evaluate the circumstances of the respondent’s behaviour and any statements or actions suggesting they knew their conduct would likely cause harm or fear. This includes looking at the nature of the contact, past behaviour, and whether the actions were reasonable given the terms of the order. Even if your claims are you didn’t intend harm, your knowledge that your conduct would likely result in such consequences could be enough for the court to determine intent.

Q2: What happens if you unintentionally violate the order but cause harm or fear?

If a person violates the order but did not intend to cause harm or fear, and there is no proof you knew your actions would likely cause such effects, you may be charged under Section 123 instead of Section 123A. Section 123 deals with general contraventions of FVIOs without the requirement to prove intent or knowledge of harm. The penalties for a contravention without intent are generally less severe.

Q3: How does the interaction between a family violence safety notice and a family violence intervention order affect your obligations?

A family violence safety notice is a temporary protective measure that can be in force at the same time as an FVIO. If both orders are in place, and the conditions of these orders conflict, you may raise a defence if you complied with the safety notice but couldn’t follow the FVIO at the same time. In such cases, the safety notice takes priority as the more immediate form of protection, but you must still act within the confines of the law and show that compliance with both orders wasn’t feasible.